1. Purpose

Buendía Tours is an entity that manages the online booking and sale of guided tours and other tourist activities in different parts of the world for all those travelers interested in hiring them (hereafter, "Users"). The booking service provided by Buendía Tours is exclusively online and can be contracted through its website. 

These General Conditions are intended to regulate the collaboration between Buendía Tours and the Supplier in order to promote and market the services, tourist activities and/or transfers of the Supplier (hereinafter, "Services and/or Tourist Products") that have been selected through the Website, for the period of time, price and under the terms and conditions set in these General Conditions or, where appropriate, the particular conditions of contracting that apply (hereafter, "the Special Conditions").

2. Acceptance of Website Terms and Conditions

These Terms and Conditions together with the Privacy Policy and the Cookie Policy apply to all forms of use of the Website. The use of the Website is permitted to all Providers who have the legal capacity to comply with these Terms and Conditions.

The use of the Website means that the Provider has read and understood both the General Conditions and the Policies of Use and agrees, fully, to be bound by the terms of these General Conditions. 

Buendía Tours reserves the right to make, at any time, changes or updates to its content and services, of these General Conditions and all design elements and configuration of the Website. Buendía Tours will communicate the published changes to the Providers to obtain their acceptance.
 

The modification of these General Conditions shall not affect the Services and/or Tourism Products that had been contracted prior to such modification. The General Terms and Conditions in force at the time of use of this Website shall be applicable. Continued use of the Website, after such changes, implies acceptance of the new terms.

Buendía Tours reserves the right to include in the Particular Conditions, for each specific case, additional conditions, nuances or exceptions to these General Conditions that have been agreed between Buendía Tours and the Supplier.

3. Independence of the parties

The relationship between Buendía Tours and the Supplier, derived from the acceptance of these General Conditions, is a relationship between independent contractors. The collaboration does not create any type of employment, corporate, agency or franchise relationship, in fact or in law, between the parties, and none of them can act or present themselves to third parties as if it were the case. 

Once the Users make the reservation, through the Website they will formalize a direct contractual relationship with the Supplier regarding the provision of the Service and/or Tourist Product contracted by the User.

4. The information of the Services and/or Tourist Products of the Supplier. Modifications and communications.

The Supplier agrees to send all information requested by Buendía Tours so that it is fully informed about all the conditions of the Services and / or tourism products to be published on its website. The Supplier expressly authorizes Buendía Tours to extract from its website data of the Services and/or Tourist Products such as: price, meeting point, duration, itinerary and/or any other information that may be of interest for the correct description of the Service and/or Tourist Product on the Buendía Tours Website. Consequently, the Supplier certifies that the descriptions contained in its website are true and are, at all times, updated. Likewise, the Supplier will provide Buendía Tours with any additional information requested.

Changes or modifications that affect the management of reservations, description of services and / or tourist products (schedule, meeting point ...) may be made, provided that Buendía Tours is notified within a maximum period of forty-eight (48) hours after the Supplier has been notified. These changes will not affect, in any case, the reservations that have been made by the user previously.

Buendía Tours commits to load the Services and/or Products of the selected Supplier on its Website, respecting all the conditions agreed by the Supplier through the relevant Particular Conditions where the latter will be determined. 

The Supplier shall open and close dates based on the availability offered through its Supplier Panel in Buendía Tours' reservation center (hereafter referred to as "the Platform").

By way of example, but not limited to, the Supplier shall provide Buendía Tours with: itineraries, schedule, language of the contracted guides, visits, meeting points, duration of the activity, closing or opening of sales, availability, cancellations, as well as all those circumstances that affect the normal development of the Service and/or Tourist Product promoted on the Buendía Tours Website.

In those cases in which the Supplier proceeds to the closure of sales must notify Buendía Tours, after sending the relevant email, with a notice of twenty-four (24) hours or forty-eight (48) hours if the closure occurs during the weekend. All reservations received within this period will be considered as confirmed. Any request from the Supplier regarding the closure of sales of a Service and/or Tourist Activity should be addressed to Buendía Tours at soporte@buendiatours.com. In those cases where there are integrations, the Supplier will be responsible for removing the availability on the Platform.

In those cases in which the Supplier does not communicate the cancellation or closing of sales within the term established in these General Conditions and, after having offered an alternative, it is not provided because it is not accepted by the User, Buendía Tours will refund the price of the service to the customer and, in addition, will proceed to charge the relevant commission to the Supplier.

Regarding the no-shows, in those cases in which any of the Users who have booked the activity, finally, does not perform it, the Supplier shall modify the status of the reservations in the Supplier Panel within the Buendía Tours Platform regarding the no-show as: "not performed".  All of the above, within seventy-two (72) hours following the realization of the Service and/or Tourist Product. Subsequently, at the beginning of each month, Buendía Tours will verify how many Users have not performed the activity in question and will send the corresponding invoice as described in the Economic Terms described in these General Conditions. Only those reservations whose status is "not made" and has been modified within seventy-two (72) hours from the realization of the Service and / or Tourist Product will be counted as no-show. 

Any communication between Buendía tours and the Supplier regarding the General Conditions must be made in written form to the e-mail address soporte@buendiatours.com.

Communications shall be considered to have been effectively received when their receipt can be accredited.

Any communication sent to the mailing address expressly indicated shall be understood as correctly effected, unless the addressee has previously notified the counterparty of a change of address at least thirty (30) calendar days in advance and by e-mail.

5. Duration and start of the collaboration

The collaboration will be subject to these General Conditions for a period of one (1) year from the day on which the Services and/or Tourist Products of the Supplier are published on the Buendía Tours Website. 

The General Conditions shall be tacitly extended for successive periods of one (1) year, provided that neither of the parties has given a reliable notice of its intention to terminate the same at least thirty (30) days prior to the date of termination or the corresponding extension.

-The following shall also be cause for termination of the collaboration:

a. The extinction of the legal personality or incapacity of the parties.

b. The termination, for any reason, of one of the parties in the continuity of its business or its dissolution, liquidation or orderly closing, as well as the global assignment of its assets.

c. Any other cause stipulated in these General Conditions.

d. Agreement between Buendía Tours and the Supplier.

The termination of the collaboration shall not extinguish or modify the rights of the parties arising prior to such termination, in particular with respect to amounts due on the date of termination. Regardless of the foregoing, the General and/or Special Conditions which, by their nature and context, are intended to remain in force after termination, shall survive termination.

6. Economic terms 

- Settlement:

Buendía Tours will proceed, via bank transfer, to the refund of the settlements charged to Users through the Website, in the bank account of the Supplier, deducting the total amount of the invoice issued by Buendía Tours in concept of "provision of commission service derived from the intermediation", which in each case has been agreed between Buendía Tours and the Supplier.

The settlement will be made in the month following the provision of the Services upon delivery of the invoice by Buendía Tours to the Supplier.

- Invoicing:

Invoicing will be made monthly for the Services performed in that period, regardless of when the payment that the User could have made on the Buendía Tours Website occurs. 

The prices agreed upon by Buendía Tours and the Supplier shall be those established in the rates exchanged between them. The modifications of the prices of the Services and/or Tourist Products will be negotiated the new price of the same, updating in writing the initially agreed prices. The prices established do not include the indirect taxes or fees in force that according to the different legislations are applicable on the date on which the Services are rendered.

In the specific case of Free Tours services (guided tour), Buendía Tours will generate separate invoices for the services provided. The specific fee per person will be the one agreed by Buendía Tours and the Provider.

When requested by the User, the Supplier, as the service provider, will issue the corresponding invoice.

7. Obligations of the Parties

Without prejudice to the obligations established in these General Conditions, the Supplier shall provide complete, updated and truthful information to Buendía Tours about the Services and/or Tourist Products to be promoted on the Buendía Tours Website so that the Users are properly informed about the Service and/or Tourist Product contracted.

Buendía Tours will publish all the information about the Services and/or Tourist Products provided by the Supplier on the Website, keeping it updated, at all times, according to the communications made by the Supplier.

Buendía Tours will inform the Supplier about the number of reservations made by the Users and, in general, about all issues that may affect the reservations and provision of services by the Supplier. The Supplier will notify Buendía Tours of any cancellation, change or modification that may affect the service that Buendía Tours is promoting on its Website in accordance with the content of these General Conditions.

The Supplier will offer the maximum availability of the activities promoted by Buendía Tours for the duration of the collaboration.

The Supplier is committed to provide the Services professionally, with maximum diligence, in accordance with the standards and practices generally accepted in the sector and which are objectively demandable regarding the provision of the Services to the Users.

The Supplier declares that it has all the means, permits, licenses and authorizations relevant to the provision of the Services. In any case, the processing of the same shall be at its own expense and shall hold harmless Buendía Tours from any claim of the Users that is founded or motivated based on the breach of the provisions of this Clause.

8. Impossibility of performance. Force majeure.

If, for any reason, the Supplier is unable to carry out the provision of the Services and/or Tourist Products, it must notify Buendía Tours as soon as it becomes aware of the cause that prevents it and must assume the possible additional costs and damages that this may cause.

Force majeure shall be considered to be those events or circumstances which could not be foreseen or which, if foreseen, could not be avoided, including but not limited to: war, military mobilization, pandemic, fire, damage by sea or acts of nature, etc.

The concurrence of any events or circumstances of force majeure will exempt the Supplier and Buendía Tours from liability for delays in its activity, although the parties agree to minimize the consequences caused by the aforementioned events or circumstances.

9. Promotion

Buendía Tours may use different marketing tools and strategies as it deems appropriate in each case, to promote and disseminate the service offered. This includes the power to modify the suggested retail price, making discounts or temporary promotions, in cases where it deems appropriate, always respecting the Retail Price (RRP) of the Supplier that has been agreed at the beginning.

Temporary reductions in the sale price, produced due to the promotion, will only affect Buendía Tours' commissions.

The duration of the promotions of the products offered on Buendía Tours' Website will be a maximum of ten (10) days for every three (3) months.

10. Subcontracting

The Supplier shall be responsible, for all purposes, for the subcontracting carried out without such authorization implies assumption of any responsibility by Buendía Tours.

The Supplier shall hold Buendía Tours harmless from any damages it may suffer, directly or indirectly, due to the actions of such subcontractors.

The acts, errors or negligence in the fulfillment of labor or commercial obligations of any subcontractor, its representatives, employees or workers, or all those related to the appropriate permits, administrative licenses and insurance required for the activity to be performed, will not be attributable in any case to Buendía Tours, which will be held harmless in any case, may be repeated against the Supplier if any of the consequences of these assumptions were imputed to it.

11. Assignment 

The Supplier may only assign all or part of the rights and obligations arising from these General Conditions with the express prior written authorization of Buendía Tours, which will set the conditions of the assignment. The assignment implies the assumption by the assignee of all rights, obligations and responsibilities that correspond to the Supplier as set forth in these General Conditions. Nevertheless, the Supplier shall be jointly and severally liable for compliance with the obligations and liabilities assumed by the assignee as a result of the assignment.

12. Confidentiality

Buendía Tours and the Supplier are committed to maintain all the information provided by the other party by virtue of the collaboration.

The information or documentation disclosed or provided or any information and/or documentation obtained or to which the Supplier has access, whether verbally, by e-mail, or visually, or in written or any other tangible or intangible form, regardless of its medium, and regardless of whether such information or documentation is identifiable as confidential or not.

It is considered as confidential information or documentation, including but not limited to, all the know how resulting from the execution of the Services, as well as information obtained from third parties through data collection, trade secrets, computer programs, software, documentation, data, techniques, marketing plans, strategies, planning, customer lists, employee information, financial information, tax information, information relating to business activity and Buendía Tours' know how.

The parties undertake not to disclose such information to any natural or legal person, with the sole exception of their staff in charge of the work, in such a way that it does not become known to third parties, even due to negligence, and not to reproduce, transform and, in general, make use of the information supplied to them, except for the purpose of providing the services for the purpose of the Contract.

This obligation of confidentiality must be observed by the parties not only during the term of the collaboration between Buendía Tours and the Supplier arising from these General Conditions, but also at the end of the same, indefinitely as long as such confidentiality is not expressly revoked.

The Parties acknowledge that obtaining, using or revealing confidential information for purposes not included in the General Conditions and/or Particular Conditions may be cause for termination of the same and may constitute an offense as defined in Law 1/2019 of February 20, 2019, on Business Secrets.

13. Data protection

The Supplier (hereafter "the Contractor") declares and guarantees that it will use the most diligent care in the provision of the Services, with regard to compliance with the requirements imposed by the regulations on data protection in relation to the processing of Personal Data. The Contractor declares and guarantees that it will maintain professional secrecy with respect to the Personal Data to which it has access and processes as a consequence of the provision of the Services.

The Contractor shall process the Personal Data to which it has access by virtue of the provision of the Services, in accordance with the instructions of Buendía Tours (hereafter, "the Controller"). The Personal Data processed by the Data Controller for the provision of the services related to the following categories of data subjects: Users of the Website who enter into a contract with the Supplier through Buendía Tours.

The Data Controller is committed to allowing access to such Personal Data only to those employees who need to know them for the performance of their duties within the framework of the provision of the Services, making them sign confidentiality agreements and adopting the appropriate measures to ensure compliance with the aforementioned obligation on the part of these employees.

The provision of the Services in accordance with these General Conditions and the consequent delivery of Personal Data to the Data Processor does not have the legal consideration of communication of data, but of simple access to the same by the Data Processor, the latter being configured as a data processor of the Data Controller.

The obligations of the person in charge shall remain in force for the entire duration of these General Conditions, without prejudice to the duration of the confidentiality obligations.

Regarding the processing of Personal Data to be carried out by the Data Processor, the latter is obliged to:

- To process the Personal Data in the name and on behalf of the Controller, in accordance with the provisions set forth in this General Condition and with the instructions that are transmitted to it from time to time in written form by the Controller, and this for the sole and exclusive purpose of providing the Services.

- Not to communicate the Personal Data, not even for its conservation, to any third party except in those cases in which it has prior written authorization from the Controller.

- Restrict access to Personal Data to those employees and, where appropriate, subcontractors, who are absolutely necessary for the performance of the collaboration. To this end, the Data Controller undertakes to allow access to the Personal Data made available to it only to those employees who need to know them for the performance of their duties. The Foreman shall ensure that any subcontractor also complies with this obligation in relation to its employees or personnel assigned to the subcontracted services.

- To collaborate with the Controller by providing all those materials, assets, documents and information necessary for the latter to ensure that the Responsible or any of the subcontractors, meets the guarantees for compliance with the provisions of the regulations on the protection of personal data, the contractual obligations provided herein, or those legally or regulatory requirements.

- Collaborate and provide the maximum possible assistance to the Controller in the management and response to any type of requirement, communication or procedure made or initiated by any regulatory authority, especially from the Spanish Data Protection Agency, which is related to the processing of Personal Data subject to the provision of services.

- Not to transfer the Personal Data to a third country or international organization without the prior written authorization of the Controller. For these purposes, the Processor undertakes to execute such transfer in accordance with the appropriate safeguards mechanisms that are regulated in Article 46 of the GDPR, and its use must be approved by the Controller.

In the event that the Contracting Party should subcontract part of the provision of the Services to a third party, and such subcontracting involves the processing of Personal Data under the responsibility of the Controller by such third party, the Contracting Party shall act in the name and on behalf of the Controller. For such purpose, the Processor must be expressly authorized in written form by the Controller. In addition, the Processor shall ensure, by means of an effective verification, that the subcontractor meets the guarantees that the subcontractor complies with the data protection regulations.  The Contractor shall be directly liable to the Controller for the consequences that may arise for the Controller from the subcontractor's non-compliance with the obligations it assumes vis-à-vis, the Contractor and the Controller by virtue of the provisions of the preceding paragraphs, as well as any other requirement established by the data protection regulations.

In order to maintain security and prevent the processing from violating the provisions of the regulations on the protection of personal data, the Processor shall evaluate, at the start of the provision of the Services, the risks inherent to the processing and implement measures to mitigate them.

These measures shall ensure an appropriate level of security, including confidentiality, taking into account the state of the art and the cost of their implementation with respect to the risks and the nature of the Personal Data to be protected. In the assessment of the risk in relation to data security, account should be taken of the risks arising from the processing of Personal Data, such as accidental or unlawful destruction, loss or alteration of Personal Data transmitted, stored or otherwise processed, or unauthorized disclosure of or access to such data, liable in particular to cause physical, material or immaterial damage and harm.

In the event of (i) a loss or misuse (by any means) of Personal Data; (ii) the inadvertent, unauthorized or unlawful processing, disclosure, access, alteration, corruption, transfer, sale, rental, destruction or use of Personal Data; or, (iii) any other act or omission that compromises or may compromise the security, confidentiality or integrity of the Personal Data (hereafter, "Security Incident"), the Processor shall:

- To notify the Controller without undue delay and, if possible, 24 hours after becoming aware of it, of any Security Incidents of which it becomes aware. 

- Carry out an investigation of such Security Incident and reasonably cooperate with the Controller in connection with such investigation, including providing the Controller with a summary of the results of such investigation. Such Security Incidents of which it becomes aware. 

- Not to make any public announcement related to the Security Incident without the prior written approval of the Controller, which may not be unreasonably denied.

- Implement all necessary and appropriate corrective actions and assuming the cost thereof to prevent the recurrence of the Security Incident.

- Adopt or, at the request of the Controller, cooperate with the Controller in the implementation of all remediation measures required by the applicable data protection regulations in connection with a Security Incident or that have been required by any supervisory authority in similar circumstances, regardless of whether the regulations provide that such measures must be implemented by the Processor, the Controller or both.

In regard to the rights of the data subjects, at the request of the Controller, the Processor shall assist the latter in relation to the requests it may make in the event of exercise by the data subjects of their rights of access, rectification, erasure, objection, restriction of processing or portability of Personal Data.

Likewise, the Data Processor undertakes to send to the Data Controller, upon request, any kind of information and/or documentation that the latter may require for the adequate response to requests for access, rectification, deletion, opposition, limitation of processing or portability of the data that it may receive from the data subjects, all within reasonable periods of time and, in any case, with sufficient advance notice so that the Data Controller may comply with the deadlines established for the fulfillment of the aforementioned rights.

In the event that the Data Processor receives a request for access, rectification, erasure, opposition, limitation of processing or portability of Personal Data, the Data Processor undertakes to forward such request to the Data Controller immediately, and within a maximum period of 48 hours from its receipt so that the latter may respond to it within the legally established deadlines.

Upon termination of the provision of the Services, the Processor undertakes, immediately and as instructed by the Controller, to destroy or return to the Controller, or to whom the Controller expressly designates, the Personal Data to which it has had access in the format they are in at that time. In particular, the Processor undertakes to return or destroy: (i) any Personal Data that, as the case may be, have been generated as a result of the processing by the Processor; and (ii) all supports or documents on which any of such Personal Data are contained. The Personal Data naturally include those in possession of any subcontractor previously authorized by the Controller.

It retains in its possession any Personal Data or, in compliance with the provisions of the following paragraph, that it will proceed to the conservation of the Personal Data previously identified, under the mandatory security measures. The destruction of the Personal Data will not proceed when there is a legal provision that requires its conservation, in which case the Data Controller is authorized to retain certain Personal Data, undertaking to expressly inform the Data Controller in advance and in written form.

In the event of non-compliance by the Data Processor or its employees or subcontractors with any of the obligations set forth herein regarding data protection; as well as in case of lack of truthfulness or inaccuracy of the declarations and statements contained herein or non-observance of the obligations deriving from the applicable legislation on data protection, the Data Processor shall be considered responsible for the processing and, specifically, assumes full liability that may be incurred by the Data Controller, who shall be held harmless as a consequence of any type of administrative sanctions imposed by the corresponding authorities, as well as damages for judicial or extrajudicial proceedings against the Controller, including in any case expenses for the fees of lawyers, attorneys and any other professionals, being also considered sufficient cause to request the termination of this General Condition by the Controller.

This obligation shall be applicable even in the event that the claims are based on the failure of the Controller to comply with the duty to ensure that the Data Processor or subcontractors meet the guarantees for compliance with the provisions of the regulations on data protection.

Consequently, the Responsible Party accepts to pay the amount to which the Responsible Party could be condemned as a penalty, compensation, damages and interests in the event of the occurrence of the circumstances foreseen in the present Clause. The aforementioned amounts shall be enforceable against the Person in Charge from the same moment in which the Responsible Party disburses them to any third party, including the Public Administrations.

The Parties undertake to inform each other, as soon as possible, of the occurrence or production of any event (inspection by the competent authority, complaint by individuals, initiation of disciplinary proceedings by the Public Administration, etc.) that may give rise to the liabilities provided for herein, in order to enable the defense of the party complained of, inspected or, in short, the object of the claim in question, in reasonable time.

Likewise, the Person in Charge is obliged to notify the Controller of any news in relation to the aforementioned facts and is obliged to actively cooperate in the defense of the interests of the Controller.

The Parties guarantee that they will inform the data subjects of the communication of their data to the other Party for the purpose of managing, maintaining, developing, monitoring and improving the contractual relationship between them. 

The interested parties whose data are provided by the Parties in accordance with the above, may at any time exercise their rights of access, rectification, opposition, deletion, portability and limitation of processing, attaching their ID card or equivalent document proving their identity, by contacting the other Party at the address indicated in the heading of these General Conditions. The interested parties have the right to seek the protection of the Spanish Data Protection Agency through its website www.aepd.es.

14. Commercial communications

The Supplier is not entitled and, therefore, expressly agrees not to send any information and / or commercial communication to Users who book their services and / or tourism products through Buendía Tours' website. All of the above in accordance with the provisions of Law 34/2002, of July 11, 2002, on information society services and electronic commerce.

Also, solely and exclusively, when strictly necessary, the Supplier may use the data of the Users to communicate any changes in services and / or tourism products contracted. The Provider states that it will only establish communications with Users for the purposes authorized by Buendía Tours.

15. Intellectual and industrial property rights

Under these General Conditions, Buendía Tours, only, authorizes the Supplier to the temporary use of texts, photographs, images and documentation or any work within the meaning of Article 10 of Royal Legislative Decree 1 / 1996 of 12 April, approving the revised text of the Intellectual Property Law (hereafter "Content"). Furthermore, the Supplier does not receive any property over the Content and, in particular, does not receive any intellectual or industrial property right or any other type over the services. The ownership and all intellectual and industrial property rights of the Content belong entirely and in full ownership to Buendía Tours.

The Supplier expressly acknowledges that all copyrights, trademarks and other intellectual or industrial property rights on the Buendía Tours Website or on the Content provided as part of the Website and the RR. SS. are the exclusive property of Buendía Tours.

The Supplier may use such material only in the manner, time and territorial scope expressly authorized by Buendía Tours. The Supplier must request such authorization in written form and prior to its use.

Likewise, Buendía Tours and the Supplier acknowledge that the ownership of the trade name or denomination of these and all distinctive signs with which their facilities or the products or services they offer in the market are distinguished, belong, and will continue to belong to the parties.

The parties shall not engage in any conduct or take any action that may affect the validity or legal effectiveness of the intellectual or industrial property rights owned by the other party. The parties may use the name, trademarks and any distinctive signs of each party, exclusively, and to the necessary extent, to promote and conclude the sale of the services, provided that this is not prevented by a credible request.

The Supplier may not modify, delete or add the trademarks, the name or any other distinctive signs of Buendía Tours that appear in the documentation and in the description of the services. Except with prior, express and written authorization of the parties, they may not insert or use the aforementioned distinctive signs in advertising or media other than those provided.

Any commercial campaign or use of any intellectual or industrial property rights of Buendía Tours by the Supplier must be approved in written form and in advance by Buendía Tours. The Supplier undertakes to hold Buendía Tours harmless with respect to any claim, damages, liability and/or expenses in connection with any infringement of any intellectual or industrial third party property right so that Buendía Tours suffers as a direct or indirect result by virtue of the collaboration. 

16. Integrity and Modification

These General Conditions are the express manifestation of the will of the Supplier and Buendía Tours in relation to its object, and invalidate the verbal and written agreements reached in this regard prior to the date of signature. Any modification of the present General Conditions and/or the corresponding Particular Conditions must be in written form.

17. Conservation

The declaration of nullity or invalidity of any clause contained in these General Conditions by a final judgment shall not affect the validity and effectiveness of the other clauses. The parties shall negotiate in good faith the mutually satisfactory substitution or modification of the clause or clauses declared null or invalid by others in similar and effective terms.

18. Waiver

The waiver of the rights derived from these General Conditions by any of the parties must be made in written form. The omission by any of the parties to require the other party to strictly comply with the obligations set forth in these General Conditions, on one or more occasions, shall not be considered in any case as a waiver of the corresponding right, nor shall it deprive that party of the right to demand strict compliance with the contractual obligations thereafter.

19. Jurisdiction and applicable law

These General Conditions shall be governed and interpreted by Spanish law. With express waiver of any other jurisdiction they may have, the parties agree to expressly submit to the Spanish Courts and Tribunals, and more specifically to the Courts of Oviedo to settle any litigation, discrepancy, difference or claim that may arise from the interpretation and execution of this contractual instrument; also designating as domicile to hear all kinds of summons, both judicial and extrajudicial, those that appear in the heading of these General Conditions.