
Terms of Service
Last Modified: January 1, 2024
Acceptance of Terms of Service
These terms of service are entered into by and between you and Event and Shine S.L. (“Spaintacular”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.spaintacular.com and associated domains, including any content, functionality and services offered on or through www.spaintacular.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older or the applicable age of majority in your jurisdiction of residence. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Spaintacular. If you do not meet this requirement, you must not access or use the Website.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are encouraged and expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are responsible for the actions (including User Contributions) of anyone using your account, whether with or without your permission. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to suspend or terminate any account and/or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Spaintacular, its licensors or other providers of such material.
These Terms of Service permit you to use the Website as follows: (i) if you are an individual consumer, including a client of a Member Agency, for your legitimate personal uses for which the Website is intended for consumers (whether as a registered user or a guest); and (ii) if you represent a Spaintacular Member Agency (“Member Agency”) or a Spaintacular Preferred Supplier (“Preferred Supplier”), for the legitimate business purposes for which the Website is intended for Member Agencies and/or Preferred Suppliers (collectively, the “Permitted Uses”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for the Permitted Uses and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for the Permitted Uses, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Additionally, please be advised that certain Preferred Suppliers have provided the travel product images located within the image galleries on the product detail pages on this Website (“Supplier Images”), and such Preferred Suppliers have represented to Spaintacular that they consent for Member Agencies (and no other person or entity) to use, reproduce, and distribute the Supplier Images solely in connection with the Member Agencies’ lawful and accurate marketing and advertising concerning the Member Agencies’ goods and services and/or the applicable Preferred Supplier’s goods and services. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING SENTENCE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NO OTHER PERSON OR ENTITY IS PERMITTED TO USE, REPRODUCE, OR DISTRIBUTE THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS (INCLUDING WITHOUT LIMITATION, SPAINTACULAR LIFE® PHOTOGRAPHS OR USER CONTRIBUTIONS) ON THE WEBSITE FOR ANY PURPOSE. UNAUTHORIZED USE OF THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE MAY SUBJECT YOU TO LEGAL LIABILITY INCLUDING, AMONG OTHER THINGS, CLAIMS, LAWSUITS, DAMAGES, ATTORNEYS’ FEES, AND CIVIL AND CRIMINAL PENALTIES. If a Member Agency is unsure as to whether a particular image on the Website is a Supplier Image, it is the Member Agency’s obligation to verify with its Spaintacular marketing contact.
PLEASE BE ADVISED THAT WE HAVE NOT SELECTED OR RECOMMENDED THE SUPPLIER IMAGES, WE MAKE NO WARRANTIES AS TO THEIR OWNERSHIP, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY TO INVESTIGATE OR VERIFY THE OWNERSHIP OR USE RIGHTS APPLICABLE TO THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE. You expressly waive and agree to indemnify, defend, and hold Spaintacular harmless from any claims, damages, liabilities, costs, charges, or expenses arising out of or relating to your use, reproduction, or distribution of the Supplier Images or any other images, graphics, illustrations, or photographs on the Website (including without limitation, any claims of infringement of a third party’s proprietary rights).
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, Spaintacular may terminate your right to use the Website immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Spaintacular. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Trademarks
Spaintacular has numerous registered and unregistered trademarks in Spain and worldwide, including but not limited to SPAINTACULAR. Spaintacular has a copyright registration in Spain. Outside of Spain, these trademarks are the property of Spaintacular, and the corresponding trademarks are registered in numerous national trademark registries around the world. All rights reserved. You must not use such marks without the prior written permission of Spaintacular. All other names, logos, product and service names, designs and slogans on this website are trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law, rule, or regulation (including, without limitation, any laws regarding the transfer or export of data, personally identifiable information, or software to and from the Spain or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Spaintacular, a Spaintacular employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To make any false, fraudulent, or speculative reservation or booking, or any reservation or booking in anticipation of demand.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Spaintacular or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Contributions
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion. However, we have no obligation to review User Contributions either before or after posting, and cannot guarantee removal or correction of material that violates these Terms of Service. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for our performance or nonperformance of the activities described in this section.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Spaintacular.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS SPAINTACULAR AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPAINTACULAR AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SPAINTACULAR AND/OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising (except for the Permitted Uses of Member Agencies and Preferred Suppliers).
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
A person who is a copyright owner or an agent thereof and believes that any content on this Website infringes upon the owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Spaintacular’s Copyright Agent with the following information in writing: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Spaintacular to locate the material; (4) information reasonably sufficient to permit Spaintacular to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) a statement that the person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Spaintacular’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Spaintacular Corporate Office, C/ Secoya nº 29, 28044, Madrid Spain, email: info@spaintacular.com, If the copyright owner or agent thereof fails to comply with all of the requirements of this Section, the DMCA notice may not be valid.
Reliance on Information Posted
Changes to the Website
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Reservation Requests
Certain functions of the Website may facilitate consumers’ and/or Member Agencies’ bookings of reservations with Preferred Suppliers. CONSUMERS ARE HEREBY ADVISED THAT, UPON YOUR REQUEST FOR A RESERVATION THROUGH THE WEBSITE, SPAINTACULAR WILL PROVIDE YOUR RESERVATION INFORMATION (INCLUDING CONTACT INFORMATION, PAYMENT INFORMATION, AND BOOKING DETAILS) TO THE APPLICABLE MEMBER AGENCY AND THE RELEVANT SERVICE PROVIDERS, IN ACCORDANCE WITH OUR PRIVACY POLICY, IN ORDER FOR THOSE PARTIES TO FINALIZE THE REQUESTED RESERVATION AND PROCESS YOUR PAYMENT; SPAINTACULAR DOES NOT CHARGE THE CREDIT CARD NOR PROCESS PAYMENT. THE RESERVATION IS FINAL ONLY WHEN ACCEPTED AND CONFIRMED BY THE APPLICABLE MEMBER AGENCY’S GLOBAL DISTRIBUTION SYSTEM IN WRITING AND PAYMENT IS PROCESSED.
Linking to the Website and Social Media Features
Only Member Agencies and Preferred Suppliers are permitted to link to our homepage in accordance with our branding and advertising guidelines.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
Links to Other Websites
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
Spaintacular is based in the Spain with headquarters in Madrid. Access to the Website may be restricted or prohibited in certain jurisdictions. If you access the Website from outside the Spain, you do so on your own initiative and are responsible for compliance with the applicable laws in your jurisdiction.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
SPAINTACULAR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL SPAINTACULAR, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Spaintacular, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, or your use of any services and products and/or information obtained from the Website.
Limitation on Time to File Claims; Governing Law and Jurisdiction
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Subject to the immediately following paragraph, any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the Spain or the courts of the State of Texas in each case located in the City of Fort Worth and County of Tarrant, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Spaintacular’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Spain law.
Waiver and Severability
No waiver of by Spaintacular of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spaintacular to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Spaintacular with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Notwithstanding the foregoing or anything to the contrary herein, with respect to users that represent a Member Agency or a Spaintacular Preferred Supplier, other written agreements between the Member Agency or the Preferred Supplier and Spaintacular may exist now or in the future (including without limitation, a Spaintacular Membership Agreement, a Hotel Booking Program Agreement, and/or a Spaintacular Preferred Supplier Agreement). Those written agreements remain in full force and effect and these Terms of Service do not alter or amend those other written agreements. In the event of a conflict between these Terms of Service and the terms of any other written agreements with Spaintacular, Spaintacular is entitled to determine which terms control, in its reasonable discretion.
Your Comments and Concerns
This website is operated by Event and Shine S.L. CIF B88548714. C/ Secoya nº 29, 28044, Madrid. Spain. Opinions, comments, requests for technical support and other communications related to the website should be directed to info@spaintacular.com.