1. - Purpose

The purpose of these General Conditions is to regulate the collaboration between Buendía Tours and the Collaborators.

The collaboration is carried out through the publication of content related to the services and/or activities of Buendía Tours in the RRSS of the Collaborator for promotional purposes, for the period of time and in the terms established in these General Conditions, and/or in the particular contracting conditions negotiated and applicable to each case (hereinafter, "the Particular Conditions").

 2.- Acceptance of the Website Terms and Conditions

These General Conditions together with the Privacy Policy and the Cookies Policy apply to all forms of use of the Website. Use of the Website is permitted to all Contributors who have the legal capacity to comply with these Terms and Conditions.

The use of the Website means that the Collaborator has read and understood both the General Conditions and the Policies of Use and accepts, in full, to be subject to the terms of these General Conditions. 

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

The modification of these General Conditions will not affect the collaborations that had been agreed prior to such modification. The General Terms and Conditions in force at the time of use of this Website shall apply. The continued use of the Website, after such changes, implies acceptance of the new terms.

Buendía Tours reserves the right to include in the Special Conditions agreed between Buendía Tours and the Collaborator, for each specific case, additional conditions, nuances or exceptions to these General Conditions.

3.- Independence 

The relationship between Buendía Tours and the Collaborators derived from the object of these General Conditions does not create any type of labor, corporate, agency or franchise relationship, in fact or in law, between the Parties, and none of them may act or appear before third parties as if it were the case.

4.- Specific terms and conditions for the provision of services.

The Collaborator, voluntarily, accepts these General Terms and Conditions and, if any, the applicable Specific Terms and Conditions, when promoting in its RRSS the services and/or tourist products of Buendía Tours, all in exchange for a consideration.

The collaborator shall use the promotional channels that have been established by the Parties.

The number of publications, as well as the time they must be visible in their RRSS will be agreed, in each specific case, with the Collaborator in the Particular Conditions.

The consideration and duration of the collaboration will be determined, individually, in the Special Conditions of the service being promoted. 

Buendía Tours will provide the content so that the Collaborator can carry out the agreed promotion.

Buendía Tours may request the Collaborator the results of the publications in order to evaluate the impact of the same. 

The Collaborator will be responsible, for all purposes, of the subcontracting made without such authorization implies assumption of any responsibility on the part of Buendía Tours.

The Collaborator may share the content in their RRSS at their own discretion. In any case, Buendía Tours may offer indications, merely indicative and not limited to: the content of the text, usernames, hashtags, the day and time in which to make publication...

The Collaborator has no exclusivity with the Buendía Tours brand. However, the content generated by the Contributor in order to promote a product and / or specific tourist service Buendía Tours must be exclusive to it. 

The Contributor must comply with the recommendations of AUTOCONTROL and indicate to its users, at all times and in a clear and concise manner, that their publications are advertising or sponsored content of Buendía Tours.

 5.- Intellectual Property

The services provided by the Collaborator are for the exclusive use of Buendía Tours beyond its own promotional use of the Collaborator. However, the Collaborator shall be the sole owner of the content created. In any case, Buendia Tours will have a worldwide, free and exclusive right of use with respect to such content.

Each party recognizes the ownership of the other, and third parties, with respect to all intellectual property rights, industrial, and any other similar on texts, images, photographs, technologies, trademarks, logos, domains, and any other elements, creations, inventions or distinctive signs of their property. 

Consequently, the Collaborator does not receive any intellectual or industrial property rights or any other rights over the services of Buendía Tours. The ownership and all industrial and intellectual property rights of the content of the parties belong entirely and in full ownership to the parties.

The Collaborator expressly acknowledges that all copyright, trademark and other intellectual or industrial property rights on the Website or on the content that is part of the Website and the RR.SS of Buendía Tours are the exclusive property of Buendía Tours. The Collaborator may make use of such material only in the manner, time and territorial scope in which Buendía Tours expressly authorizes. 

Likewise, the Collaborator acknowledges that the ownership of the name or denomination of Buendía Tours and all distinctive signs that characterize their establishments or the products or services offered in the market, belong and will continue to belong to Buendía Tours.

The Collaborator will not perform any conduct or take any action that may affect the validity or legal effectiveness of intellectual or industrial property rights owned by Buendía Tours.

The Collaborator may use the name, trademarks and any distinctive signs of Buendía Tours, exclusively, and to the extent necessary, for the promotion of the agreed services. The Collaborator may not modify, delete or add the trademarks, the name or any other distinctive signs of Buendía Tours that appear in the documentation and services.

Unless prior, express and written authorization from Buendía Tours, the Collaborator 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 Collaborator must be approved in writing and in advance by Buendía Tours.

The Collaborator agrees 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 property right of a third party and that Buendía Tours suffers as a direct or indirect result by virtue of the promotion.

In relation to the acts that affect Buendía Tours or any of its intellectual or industrial property rights, they must immediately notify any situation, even potential, about any violation of their rights (industrial, intellectual property, etc.), as well as the commission by third parties of acts that could negatively affect them (such as acts of unfair competition).

6.- Responsibility regime

The Collaborator will promote, in any case, content and information of Buendía Tours in a responsible and truthful manner, ensuring the accuracy of all information and materials provided by Buendía Tours.

The Collaborator guarantees that all material provided to Buendia Tours does not affect the copyright, or infringe any intellectual and industrial property rights of a third party. The Collaborator agrees to hold harmless with respect to any claim, damages, liability and / or expenses in connection with any infringement of any intellectual or industrial property right of a third party and that Buendía Tours suffers as a direct or indirect result by virtue of the Collaboration.

If the Collaborator breaches any of its obligations, Buendía Tours reserves the right to claim the return of the value of the service, as well as possible compensation for damages caused.

 7.- Duty of secrecy and confidentiality

The parties undertake to take the necessary measures to keep secret all the information that has been communicated to them confidentially during the execution of the collaboration or that has come to their knowledge in the course of the same. 

In the same sense, the collaborator undertakes at all times to maintain the strictest confidentiality and not to use or disclose to any natural or legal person, without the proper written authorization of Buendía Tours, any confidential information received by it. The Collaborator will only use the information to serve the fulfillment of the object of these General Conditions, and in any case, to perform its services respecting the principles of good faith, diligence and the duty of secrecy.

Confidential information shall mean any proprietary information (including third party information provided by Buendía Tours), know how, technical data, technical data, secrets, trade secrets or know-how, including but not limited to databases, reports, publications, illustrations, software, tourist services and/or products, customer lists and any other commercial information disclosed to the Partner by Buendía Tours, directly or indirectly and by any means.

The parties agree to use such information only for the performance of the collaboration. They also undertake not to exploit, directly or indirectly, all or part of this information, either directly or indirectly, for their own account or for the account of a third party.

The obligation of confidentiality must be respected for the duration of the collaboration, as well as, after its termination, for a period of two years.

Any violation or breach of this obligation shall entitle the breaching party to the payment of a compensatory indemnity, without prejudice to the right of the party considered affected to exercise or initiate all relevant actions in order to impose the legally appropriate sanctions.

8.- Nullity and ineffectiveness of the clauses

In the event that any of the conditions should be totally or partially null and void or ineffective by judicial sentence, this circumstance shall not affect the rest of the terms and conditions, which shall remain in full force and effect. 

9.- Applicable law and competent jurisdiction

These General Conditions shall be governed and interpreted by Spanish law. With express waiver of any other jurisdiction they may have, they agree to expressly submit to the Spanish Courts and Tribunals, and more specifically to the Courts of Oviedo, to resolve any litigation, discrepancy, difference or claim that may arise from the interpretation and execution of these General Conditions.