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CONDITIONS OF PURCHASE

GENERAL CONDITIONS OF USE

Previous information

IMAGEEN, owner of the Website www.imageen.net (hereinafter, the "Website"), is a company dedicated to manage the booking and sale of guided tours in Spain for those users who are interested in hiring these services. IMAGEEN makes available to users a platform https://experiencia.imageen.net through which a natural or legal person (hereinafter, the "User") may book guided tours.

IMAGEEN data are as follows:

Holder: IMAGEN EN REALIDAD AUMENTADA S.L.

Tax Identification Number: B87134672 

Address: C. del Río Bullaque 2, 28034, Madrid

Contact email: info@imageen.net

1.- CONDITIONS OF USE AND ACCESS TO THE WEBSITE

By using, viewing or accessing the materials, content or services available on the Website, the user manifests his/her understanding and acceptance of the General Conditions of Use. These conditions establish the rights and responsibilities of both IMAGEEN and the user in relation to the contracting of experience services. These are the only conditions applicable to the use of the Web Site, although for certain specific services there may be specific conditions. These general conditions supersede any other agreement, unless there is a prior written agreement between IMAGEEN and the user. It is not necessary to register to access the Website, but to contract the services offered by IMAGEEN, the user must register and accept these conditions before making the corresponding payment.

2.- PURPOSE OF THE WEB SITE

IMAGEEN has created this website with the purpose of offering the user a service to book activities, excursions and guided tours. The main function of IMAGEEN is to provide an online booking service for these activities, limited to this aspect only. Access to and consultation of the travel guides available on the website is only permitted online, and their sale is prohibited. The user accepts this restriction and assumes responsibility for any improper or unauthorized use thereof.

Normally, the contracting of services is done directly between the user and IMAGEEN. However, in certain specific cases, IMAGEEN acts as an online platform where suppliers offer their services to be contracted directly by users. In this situation, by making a reservation, the user establishes a direct contractual relationship with the corresponding supplier.

IMAGEEN acts solely as an intermediary between the user and the supplier, transmitting the relevant booking details to the supplier and sending the user a confirmation email on behalf of the supplier. The information provided by IMAGEEN on its website about the services offered is based on the information provided by the suppliers.

3.- IMAGEEN RESERVATION AND REGISTRATION ON THE WEBSITE 

In order to make reservations through the Website, the user must provide his or her personal data, such as name, surname, e-mail, telephone and cell phone. This will allow IMAGEEN to process the reservation requested by the user, or in case of a reservation on behalf of another person, the data of that person must also be provided.

By accepting these General Terms of Use, users agree to provide true, accurate, current and complete information about their identity, or in case of booking on behalf of another person, about the identity of the latter. Users are responsible for the accuracy of the data provided to IMAGEEN and for any consequences that may arise from errors in the information provided.

4.- SPECIFIC CONDITIONS REGARDING THE RESERVATION OF ACTIVITIES, EXCURSIONS AND GUIDED TOURS 

Each reservation made by a user on the Website is subject to specific conditions that apply to each activity, excursion or guided tour. These conditions can be found in the description of each service on the Website, as well as in the confirmation email sent by IMAGEEN after the booking has been completed.

4.1.- General conditions applicable to all reservations.

When booking activities, excursions and guided tours promoted by IMAGEEN through the Website, the following conditions apply: The dates and times of these activities are established by the suppliers and cannot be modified. A change of date and time could only be considered if the user has contracted a private service, in which case the user must communicate directly through the contact form available at https://imageen.net/contacta/. 

However, IMAGEEN's response will be subject to the conditions of each supplier. Users may modify the details of their reservations as long as the conditions of the activity allow it. To make such modification, please contact reservas@imageen.net.

The minimum time in advance for each reservation varies according to the activity. If you wish to book an activity, excursion or guided tour privately, please contact IMAGEEN through the form available at the following link: https://imageen.net/contacta/

4.2.- Specific conditions related to the information on the activity, excursion and/or guided tour booked.

Complete information about the meeting point, date, time, duration and other details relevant to the activity, excursion or guided tour booked is detailed in the description of each service on the Website, as well as in the confirmation email sent by IMAGEEN after the booking is made.

In the confirmation email, in addition to providing all the information about the booked service, IMAGEEN may issue a voucher or booking code for the activity, excursion or guided tour, or inform the user about the receipt of an email from the provider with the corresponding voucher. This document is required to be presented to the provider before or after the activity, as established by the provider.

It is crucial that users are punctual and show up at the meeting point on the date and time indicated on the voucher, as all activities are scheduled to begin at a specific time and cannot be changed.

The duration of the activities mentioned on the Web Site is approximate and may vary slightly due to the development of the service or external factors such as weather or traffic problems.

If users have any questions once at the destination, especially about the meeting point, they can contact the provider through the following link: https://imageen.net/contacta/. It is important to note that the provider may require the user to present the voucher or reservation code before the start of the activity, and IMAGEEN will not assume responsibility if the user does not present it to the provider.

4.3.- Specific conditions related to the reservation of certain tours.

In addition to applying the conditions set forth in sections 4.1 and 4.2, IMAGEEN will inform the user before making a tour reservation that the following condition will apply: the user will be required to provide the details of a valid and current bank card (Visa or Mastercard), which will be processed with the user's express consent in accordance with IMAGEEN's Privacy Policy and the General Conditions of Use.

If the user is unable to attend the experience, he/she must cancel the reservation at least forty-eight (48) hours before the scheduled start. Otherwise, if it is proven that the user did not attend the tour or did not cancel within the aforementioned period, IMAGEEN will not reimburse the amount of the experience.

IMAGEEN shall not be liable for any damages or injury resulting from incorrect information provided by the supplier to verify the user's attendance to the tour.

5.- ECONOMIC CONDITIONS OF CONTRACTING 

The reservation of IMAGEEN's services will be considered completed once the users have filled out and accepted the activity reservation form, and the activity has been confirmed after completing the reservation process and making the payment correctly.

Prices will be those established by IMAGEEN at the time of booking the activity selected by the user. All services have immediate confirmation and are payable upon booking using a bank credit or debit card (Visa or Mastercard). Normally, IMAGEEN charges the full amount through the Website when booking the activity, excursion or guided tour.

Generally, IMAGEEN does not offer discounts on its services unless otherwise stated in the terms and conditions of the corresponding experience.

After booking, users will receive a confirmation email which will include confirmation of payment for the service and a purchase receipt for the contracted services. However, it is important to note that this purchase receipt does not constitute the invoice corresponding to the reservation of the services. Users may request the invoice once they have completed their reservation through the Website.

In the event that the services are performed within the country, IMAGEEN will issue an invoice for the intermediation of services in the name and on behalf of the supplier, in accordance with the provisions of the 4th Additional Provision of Royal Decree 1619/2012, of November 30, which regulates invoicing obligations.

Any improper or fraudulent charge on the card used for the purchase must be notified to IMAGEEN through https://imageen.net/contacta/ as soon as possible, so that the necessary measures can be taken.

Activities booked through actions or transactions that appear fraudulent may be cancelled by IMAGEEN.

7.- CANCELLATION POLICY 

Without prejudice to the User's rights regarding cancellations of package travel services to which the provisions of Royal Legislative Decree 1/2007, of November 16, 2007, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (hereinafter, "General Law of Consumers and Users"), each of the services promoted by IMAGEEN on the Website (experiences) has a specific cancellation policy, which the User may consult in the description of the activity (on the Website), as well as in the confirmation email sent by IMAGEEN once the reservation has been made.

Therefore, each service will have its own specific cancellation conditions, which will establish the cancellation period and whether or not there is any type of penalty.

Ultimately, IMAGEEN will handle cancellations in accordance with the cancellation policy of each experience.

In the event that the Supplier does not have availability for the reserved date, the User will be informed and will be offered, whenever possible, an alternative date and time. In the event of not receiving a reply from the User within the period established by the Supplier or in the event of rejecting the proposed alternative, the reservation will be cancelled and the amount of the reservation will be immediately refunded to the User. In any case, IMAGEEN will issue the appropriate rectifying documentation.

IN ACCORDANCE WITH THE FOREGOING, AND BY ACCEPTING THESE GENERAL CONDITIONS OF USE, USERS DECLARE THAT THEY HAVE READ AND EXPRESSLY ACCEPTED THIS CANCELLATION POLICY AND AGREE TO THE CANCELLATION CONDITIONS OF THE EXPERIENCES THEY BOOK THROUGH THE WEBSITE.

8.- CONDUCT ON THE WEBSITE

Users undertake to make a lawful, diligent, honest and correct use of any information or content they have access to through the Website, and all this under the principles of good faith and respecting at all times the law in force and these General Conditions of Use. In particular, but without limitation, Users shall not:

Use the Web Site for fraudulent purposes, or in connection with criminal offenses or unlawful activities of any kind.

Introduce or disseminate computer viruses that may cause unauthorized alterations to the contents or systems comprising the Website.

Download, send or otherwise distribute content or applications that may violate any applicable law or infringe any rights of any party.

IMAGEEN reserves the right to deny any attempt to access the Website or terminate user accounts in cases of misuse of the Website in accordance with the provisions of this clause.

9.- OPINIONS, EVALUATIONS, COMMENTS AND OTHER CONTENTS

Users who have booked experiences through IMAGEEN may publish their opinions and ratings on the Website.

For this purpose, IMAGEEN may send an email to the User, when the activity has already finished, so that he/she can evaluate the experience and the service provided by IMAGEEN. 

Once IMAGEEN receives the user's feedback and rating, it will be reviewed and posted on the Website as soon as possible.

In any case, IMAGEEN will only publish user reviews if their content is truthful and is not false, illegal, obscene, abusive, threatening, defamatory, or invades the privacy of third parties. In addition, the content of the reviews must not contain advertisements or links to other websites, or correspond to rated services. IMAGEEN reserves the right not to publish reviews containing certain terms, such as:

  1. Discriminatory expressions that go against an individual or violate the principles of the right to honor, privacy, self-image and personal dignity.
  2. Promotion of illegal activities, obscene or defamatory content.
  3. Promotion of violence, including sexual violence or violence against people or animals.
  4. Intimidating, threatening or degrading content that promotes violence against a person or group.
  5. Contenido falso, incluyendo reseñas que indiquen «me gusta» en redes sociales.
  6. Promotion of own products through reviews commissioned to third parties.
  7. Manipulated reviews in order to publish only positive opinions, and the linking of these opinions with related content to force a positive opinion from the user.

Communications between IMAGEEN and users will be carried out in writing via e-mail with acknowledgment of receipt, or any other means that confirms receipt and content of the communication.

LIABILITY AND EXCLUSION OF LIABILITY:

Without prejudice to the responsibility in the experience services regulated by the General Law of Consumers and Users, IMAGEEN does not assume responsibility for the following circumstances:

i. Late cancellations by users. IMAGEEN will not refund the amounts paid if users do not comply with the cancellation deadline established in the policy corresponding to each service.

ii. Delays or errors by users in arriving at the meeting point of the guided tour. IMAGEEN is not responsible if users miss the booked activity due to lack of punctuality or not being at the right meeting point.

iii. Damages and thefts affecting users and their belongings during the guided tour.

iv. Injuries, damages and accidents suffered by the users during the booked experience, as well as injuries prior to the service that prevent the enjoyment of the service.

v. Quality and adequacy of the service contracted by users.

vi. Completion of the guided tours, although the duration may vary due to factors external to IMAGEEN. In this case, it will be considered that the service has been provided correctly.

vii. Complaints and claims about the contracted service, which must be managed with the service provider. IMAGEEN can collaborate with users to address their complaints.

11.- INTELLECTUAL PROPERTY:

11.1.- Intellectual and Industrial Property of the IMAGEEN Website:

All rights to the content, design and source code of the Website, as well as images, text, logos, trademarks and other elements, are owned by IMAGEEN or third parties who have authorized their use.

11.2.- Intellectual Property of Users' Opinions:

Users grant IMAGEEN a license to use, distribute and adapt the opinions published on the Website for advertising and promotional purposes on other IMAGEEN websites and social networks.

12.- MODIFICATIONS:

IMAGEEN reserves the right to modify the General Conditions of Use, communicating it previously to the users and being valid since its publication in the Web Site.

13.- SAFEGUARD CLAUSE:

Each clause of the General Conditions of Use shall be interpreted independently. The invalidity of a clause shall not affect the other clauses, which shall remain in force.

14.- JURISDICTION AND APPLICABLE LAW:

These General Conditions of Use are governed by Spanish law. In case of dispute, the courts of Madrid, Spain shall have jurisdiction. Users from the European Union may resort to the Online Dispute Resolution Platform developed by the European Commission.

In any case, IMAGEEN informs the User that he/she may make any complaint or claim in relation to the services provided by IMAGEEN through this link.