Civitatis x Avitour Contest: Legal Terms and Conditions
First – ORGANIZING COMPANY, OBJECTIVES, DURATION, AND SCOPE
The organization of the contest and promotional sweepstakes is promoted by the company Civitatis Tours S.L. (hereinafter, “CIVITATIS“), located at Calle Coloreros 2, 28013, Madrid.
CIVITATIS organizes, for promotional purposes, the “Civitatis x Avitour” contest (hereinafter, the “Contest“) of international scope, to be carried out through the Internet, whose participation is open to all Agencies registered on the CIVITATIS B2B platform (https://www.civitatis.com/en/agencies/).
The Competition will begin on October 15, 2024, and end on December 15, 2024.
However, CIVITATIS reserves the right to adjust the Contest dates at its discretion.
Second – PARTICIPATION REQUIREMENTS
All those Agencies (hereinafter, the “Participants“) that accept these Terms and Conditions and comply with the following rules of participation may participate in the Contest:
- Be registered and have a valid profile on the CIVITATIS B2B platform (https://www.civitatis.com/en/agencies/).
- Reach a sales amount of more than five hundred euros (500€) in the period from October 15, 2024, to December 15, 2024.
To meet the minimum number of participants, only reservations made between October 15, 2024, and December 15, 2024, that have not been canceled, will be counted. Reservations made before October 15, 2024, even if scheduled within the specified period, are expressly excluded.
Only bookings for paid CIVITATIS tourist activities, excursions, and transfers will be counted. Free tours or activities that do not incur a cost are expressly excluded from this calculation.
Agencies must be registered on the CIVITATIS B2B platform with a CIF or equivalent tax identification document for legal entities. The participation of individuals is strictly excluded.
CIVITATIS reserves the right to exclude from the total sales count, at its sole discretion, any bookings that are canceled or show signs of fraud, manipulation, or any other form of fraudulent activity.
Third – PRIZES, CONTEST CONDITIONS AND AWARDING
The winning Agencies will be selected by a random draw using the EasyPromos application from all agencies that have met the participation requirements.
Participants who have not completed all steps of the process will be automatically disqualified. Any fake profiles or those engaging in fraudulent activities will also be excluded from the draw.
Once the winners are determined, CIVITATIS will announce them starting January 15, 2025, via the CIVITATIS Newsletter, publishing the names of the Agencies that have won the corresponding prizes.
The specific prizes available in this competition include:
- Three separate prizes, consisting of a Lenovo Tablet (model M10 Plus 10.6″, 128 GB) for the Travel Agent – from the winning Agency – with the highest turnover during the Contest period.
Regarding the conditions of the prize: (i) The Agency will communicate to CIVITATIS the details of the Travel Agent with the highest turnover for the management and delivery of the Lenovo Tablet. This prize is non-transferable and cannot be exchanged for cash or any other product different from the activities available on the CIVITATIS website. - Five separate prizes, consisting of a Colruyt Group gift card valued at one hundred euros (€100).
Regarding the conditions of the prize: (i) This prize is non-transferable and cannot be exchanged for cash or any other product different from the activities available on the CIVITATIS website.
General conditions applicable to all prizes:
If the winning agency is based outside of Spain or the European Union and CIVITATIS needs to issue a transfer, the amount will be converted from euros (EUR) to US dollars (USD) based on the exchange rate on the day of the transfer. CIVITATIS will then make the bank transfer in USD and is exempt from any responsibility regarding the applied exchange rate (whether from CIVITATIS, the issuing bank, or the receiving bank). The winner cannot make any claims against CIVITATIS regarding the exchange rate used.
All eight (8) prizes in this sweepstakes will be awarded to eight (8) different agencies, with each agency eligible to win only one prize. If an agency is mistakenly awarded a second prize during the drawing, it will be disqualified from receiving a second prize, and the prize will be randomly redrawn for another agency that hasn’t already won.
If any winning agency cannot be reached within seven (7) calendar days of CIVITATIS’ communication, the prize will be awarded to the next eligible agency. The original winner will be considered to have irrevocably forfeited the prize. If the alternate agency also cannot be contacted within seven (7) days, the prize will be forfeited.
The winning agency is responsible for any taxes or additional expenses incurred as a result of accepting the prize, except for those expressly covered by CIVITATIS in these terms and conditions.
Fourth – TAXATION OF THE PRIZE
The prize described in these rules is subject to all applicable tax regulations under current Spanish law.
The winner is responsible for fulfilling the tax obligations related to the awarded prize.
Since the participants in this contest (Agencies registered on the Civitatis B2B platform) are engaged in economic activities, and the prizes result from those activities (e.g., travel agency services), no withholding will apply when the winners are legal entities residing in Spain. This also applies to non-residents of Spain, provided there is a Double Taxation Avoidance Agreement with their country of residence.
For winners who are not tax residents of Spain and whose country does not have a Double Taxation Avoidance Agreement with Spain, the prize will be subject to IRNR withholding, as it derives from rights exercised within Spanish territory. The withholding will follow the tax regulations in effect at the time, based on the legally prescribed rate for non-residents in Spain.
CIVITATIS will handle any necessary withholding or deposits, remitting them to the Spanish Tax Agency on behalf of the winner.
Beyond this, any additional tax obligations resulting from the prize are the sole responsibility of the winner, and CIVITATIS will be exempt from any further liability.
In relevant cases, CIVITATIS will issue and send a certificate detailing the awarded prize and any withholdings or deposits made, in accordance with applicable tax regulations at the time.
Fifth- LIMITATIONS
By accepting these Terms and Conditions, participants agree that CIVITATIS may exclude or disqualify any entries from the Contest.
Entries submitted after the Contest end date, or those that fail to meet the requirements outlined in section two of these Terms and Conditions, will be considered invalid. CIVITATIS reserves the right to disqualify any participants it suspects or detects of engaging in fraudulent activity.
CIVITATIS may exercise this right at any time, even after notifying the winning agencies, and reserves the right to revoke the prize and randomly award it to another participant.
If it is found that the winners or alternates do not meet the eligibility criteria or fail to provide the requested information, their participation will be deemed invalid, and they will be automatically disqualified, forfeiting their rights to the prize.
Prizes cannot be altered, exchanged, or substituted for cash or other products at the winner’s request. CIVITATIS reserves the right to modify, suspend, or extend the Contest for legitimate reasons, with prior legal notice.
Participants have fifteen (15) calendar days from the date the prize is awarded to submit any claims related to the Contest. After this period, the trip will be formalized and/or arranged.
It is confirmed that participants are not required to pay any additional fees to CIVITATIS as a result of the draw.
CIVITATIS reserves the right, if necessary, to substitute prizes with others of similar value and characteristics.
Sixth – EXCLUSION OF LIABILITY
For illustrative purposes and without limitation, CIVITATIS is not responsible for the following situations:
- The winner’s use or misuse of the prize awarded in this Contest.
- Any damages resulting from temporary interruptions or issues with the continuity of telecommunications networks.
- The services provided by third-party entities collaborating with CIVITATIS in delivering the prize, including any negligence occurring during the enjoyment of the prize.
- Force majeure or unforeseen events that may prevent the Contest from taking place or hinder the winner’s full or partial enjoyment of the prize. If the Contest cannot proceed due to reasons beyond CIVITATIS’s control—such as fraud, technical errors, or other unforeseen circumstances—CIVITATIS reserves the right to cancel, modify, or suspend the Contest.
Seventh – PROTECTION OF PERSONAL DATA
Data Controller: The personal data you provide for participating in this contest will be processed by CIVITATIS TOURS S.L. (CIVITATIS), with its registered office at C/ Coloreros 2, 28013, Madrid. For any inquiries, you can reach us at civitatis@civitatis.com.
Data Protection Officer (DPO): The DPO is responsible for ensuring our compliance with data protection regulations and advising our company on data privacy matters. If you have any questions or concerns about how we handle your personal data, you can contact the DPO directly at dpo@civitatis.com.
Purpose of Data Processing: The personal data you provide will be processed for the following purposes:
a. To manage your participation in the contest and facilitate the delivery of prizes.
b. To announce the contest winners through the methods described in these terms and conditions, including the publication of the commercial names of the winning agencies in the CIVITATIS Newsletter.
Providing your data is mandatory for participation in the contest. Without it, participation will not be possible.
Data Retention: Personal data will generally be retained for the duration of the contest and, afterward, for as long as necessary to address any legal obligations related to the contest. The winners’ information may remain published indefinitely.
Data used for sending commercial communications (such as identification and contact details) will be kept indefinitely unless the user withdraws consent or objects to this processing.
Legal Basis: The legal basis for processing your data is the execution of the contractual relationship established by accepting the terms and conditions for participating in the contest.
As outlined in these rules, one of the prizes will be a CIVITATIS gift card awarded to the Travel Agent from the winning Agency that has invoiced the most. Consequently, the Agency must provide CIVITATIS with the following information about the Agent: first name, last name, and email address. The Agency agrees to fulfill the following obligations:
- Inform the Agent about the processing of their personal data in compliance with Article 13 of the General Data Protection Regulation (GDPR), including the transfer of their data to CIVITATIS. The Agency must obtain the Agent’s explicit consent for this transfer, allowing CIVITATIS to contact them and deliver the gift card.
- Provide proof of the consent obtained from the Agent, as specified in the previous point, before CIVITATIS can issue the gift card. If the Agency fails to provide this proof, CIVITATIS reserves the right to suspend the delivery of the prize.
Data Recipients: The data will be treated with confidentiality. However, for the effective operation of the contest, participants’ data may be shared with the following third parties:
a. Relevant Public Administrations, as required by law and for the specified purposes.
b. Information about the winners will be published in the CIVITATIS Newsletter.
Exercising Your Rights Under the GDPR: Every individual has the right to confirm whether we are processing their personal data. You can access your personal data, request corrections for any inaccuracies, or request its deletion when the data is no longer necessary for the purposes for which it was collected.
Under the General Data Protection Regulation, you may also request restrictions on the processing of your data or its portability, in which case we will retain the data only for the purpose of exercising or defending claims.
In certain situations, you may object to the processing of your data for reasons related to your specific circumstances. If you have provided consent for a specific purpose, you have the right to withdraw that consent at any time, without affecting the legality of the processing that occurred before the withdrawal. In such cases, we will cease processing your data for that specific purpose unless we have compelling legitimate reasons to continue or need to exercise or defend possible claims.
Additionally, data protection regulations grant you the right to object to decisions made solely based on the automated processing of your data, where applicable.
The aforementioned rights come with the following characteristics:
- No Cost: Exercising your rights is free of charge unless your request is deemed manifestly unfounded or excessive (for example, if it is repetitive). In such cases, we may charge a fee proportional to the administrative costs incurred or refuse to act on your request.
- Direct or Authorized Exercise: You can exercise your rights directly or through a legal representative or authorized volunteer.
- Response Timeframe: We will respond to your request within one month. However, if your request is complex or if there are multiple requests, this period may be extended by an additional two months.
- Accessibility of Means: We are obligated to inform you about how to exercise these rights in an accessible manner. We cannot deny you the exercise of your rights simply because you choose a different method. If your request is made electronically, we will provide the information electronically whenever possible, unless you request otherwise.
- Notification of Denial: If we are unable to grant your request for any reason, we will notify you within one month, explaining the reasons for the denial and informing you of your right to complain to a supervisory authority.
To make it easier for you to exercise the rights mentioned above, we’ve provided links to the application form for each right below:
– Rectification Rights Request Form
– Objection Rights Request Form
– Erasure Request Form (Right to be Forgotten)
– Request Form for Limitin Data Processing
– Data Portability Request Form
– Form For Exercising the Right Against Automated Individual Decisions
To exercise any of these rights, please send a message to dpo@civitatis.com.
If you believe your rights have been violated, especially if you haven’t received a satisfactory response, you can file a complaint with the Spanish Data Protection Agency (contact information is available at www.aepd.es) or any other relevant supervisory authority. You can also reach out to these organizations for more information about your rights.
Source of Data: Personal data is provided by the participants in the contest.
If third parties supply data, the individual providing this information is responsible for informing them in advance about all provisions of Article 14 of the General Data Protection Regulation, in accordance with the requirements outlined in that article.
Measures for Protecting Personal Data: We are dedicated to safeguarding the personal data we handle. We implement a combination of physical, organizational, and technological measures, controls, and procedures that are reliable and effective in preserving the integrity and security of your data while ensuring your privacy.
All staff members with access to personal data are trained and fully aware of their obligations regarding data processing.
For contracts with our suppliers, we include clauses requiring them to maintain confidentiality concerning the personal data they access through our arrangements. They are also obligated to implement necessary technical and organizational security measures to ensure the confidentiality, integrity, availability, and resilience of the systems and services used for processing personal data.
We periodically review all these security measures to ensure they remain adequate and effective.
However, it’s important to note that absolute security cannot be guaranteed, and no security system is entirely impenetrable. In the event that any information under our control is compromised due to a security breach, we will take appropriate steps to investigate the incident, notify the Supervisory Authority if required, and inform any affected users to help them take necessary actions.
Participants’ Responsibility: Participants are accountable for the accuracy of the data they provide. They are liable for any false or misleading information and for any direct or indirect damages that may result from it.
Eighth – MODIFICATIONS AND ACCEPTANCE
CIVITATIS retains the right to modify or extend these promotional terms and conditions, provided that such changes do not adversely affect the rights of the Contest Participants.
By participating in the Contest, Participants fully accept these Legal Bases. CIVITATIS may choose to notarize these bases in an authorized Act by a Notary Public, though they will always remain accessible for anyone who wishes to review them.
Ninth – GOVERNING LAW AND JURISDICTION
These Legal Bases shall be interpreted and governed by Spanish law. The Courts and Tribunals of Madrid, Spain, will have exclusive jurisdiction to address any claims or disputes regarding the validity, interpretation, or compliance with these rules, with all parties expressly waiving any other jurisdiction. However, before pursuing legal action, an effort will be made to amicably resolve any disputes arising from this Contest.
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