The Official Rules of the Competition “€20,000 in Prizes for Travel Agencies”

One – ORGANISING COMPANY, PURPOSE, DURATION AND SCOPE

The organisation of the competition and promotional draw is promoted by the company Civitatis Tours S.L. (hereinafter, “CIVITATIS“), with its headquarters at Calle Coloreros 2, 28013, Madrid.

For promotional purposes, CIVITATIS is organising the “€20,000 in prizes for travel agencies” competition (hereinafter referred to as the “Competition“) at the international level, to be held over the Internet, which is open to all agencies registered on the CIVITATIS B2B platform (https://www.civitatis.com/en/agencies/).

The Competition will start on 15 July 2024 and end on 15 September 2024. 

Notwithstanding the above, CIVITATIS reserves the right to modify the dates of the Competition at its convenience.

Two – PARTICIPATION REQUIREMENTS

The Competition is open to all Agencies (hereinafter referred to as “Participants“) that accept these Terms and Conditions and comply with the following rules of participation:

• Be registered and have a valid profile on the CIVITATIS B2B platform (https://www.civitatis.com/en/agencies/).
• Reach a turnover of more than five hundred euros (€500) in the period from 15 July 2024 to 15 September 2024.

For the purposes of reaching the minimum number of participants, only bookings made between 15 July 2024 and 15 September 2024 that have not been cancelled will be counted, expressly excluding those bookings made before 15 July 2024 with a date of use within the established period.

Likewise, only bookings made for CIVITATIS tourist activities, excursions and transfers that are chargeable (i.e. involve a cost) will be counted, and bookings for free tour activities or activities that do not involve any cost will be expressly excluded from the calculation.

Agencies must be registered on the CIVITATIS B2B platform with CIF or equivalent tax identification document for legal entities, with the participation of natural persons being expressly excluded.

CIVITATIS reserves the right to remove from the total amount of sales computed, at its sole discretion, all reservations that are cancelled or that show signs or suspicions of fraud, manipulation or any other type of fraudulent behaviour.

Three – PRIZES, COMPETITION CONDITIONS AND AWARDS

Specifically, the winning Agencies will be selected by means of a draw using the EasyPromos application among all the Agencies that have fulfilled the participation requirements.

Participants who have not followed all the steps of the dynamic will be automatically eliminated from the prize draw. Any profile found to be fake or committing fraudulent acts will also be removed from the prize draw.

Once CIVITATIS knows who the winners are, they will be communicated from 30 September 2024 through the CIVITATIS Newsletter, publishing the name of the Agencies awarded with the corresponding prize assigned.

The prizes that could be awarded in this Competition, specifically, consist of:

1. Three separate prizes, consisting of a trip valued at four thousand euros (€4,000) for two people to a destination chosen by the travel agent of the winning agency.

It includes:

• Return flight (limited to a maximum of €1,500 in total).
• Hotel for seven (7) hotel nights (limited to a maximum of €1,500 in total).
• Activities, insurance, civitatis.com transfers chosen and booked by the Civitatis team (limited to a maximum of €1,000).

All the above items have a joint limitation of a maximum amount of €4,000.

Likewise, in the event that the final cost of any of the parts that make up the prize (valued independently) exceeds any of the maximum economic limits mentioned above, CIVITATIS will transfer to the winner the economic limit amount corresponding to the part of the prize whose cost is higher than the maximum limit mentioned above, to the bank account owned by the winner and indicated to CIVITATIS, and the winner must pay the excess of the proportional part of the excess cost that corresponds, at the winner’s risk and expense.

Regarding the conditions of the prize: (i) the dates are upon request of the winner and subject to availability of the activities previously mentioned on the CIVITATIS website, (ii) once the winner confirms the dates on which he/she wishes to enjoy the prize, no changes can be made, (iii) the prize will be valid for travel between 1 November 2024 and 30 June 2025 (iv) flight costs are not included, (v) cost overruns on flights, transportation, meals, tips, excursions, or extra expenses not described (vi) prizes are non-transferable and may not be exchanged for cash or any other product.

2. Six separate prizes, consisting of a CIVITATIS gift card valued at five hundred euros (€500) for the Travel Agent – of the winning Agency – with the highest turnover during the Competition period and a top-up of five hundred euros (€500) in the Wallet of the winning Agency profile registered on the CIVITATIS B2B platform.

With regard to 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 CIVITATIS Gift Card (ii) The amount of the CIVITATIS Gift Card and the recharge in the Wallet of the winning Agencies will be redeemable only for the booking of activities available on the CIVITATIS website. This prize is non-transferable and cannot be exchanged for cash or any other product other than the activities available on the CIVITATIS website.

3. Eight separate prizes, consisting of a Lenovo Tablet valued at a maximum of two hundred and fifty euros (M10 Plus 10,6″, 128 GB).

Regarding the conditions of the prize: (i) This prize is non-transferable and cannot be exchanged for cash or any other product other than the activities available on the CIVITATIS website.

General conditions applicable to all prizes:

With regard to the conditions of the prizes: (i) The prizes are not transferable and cannot be exchanged for money or other products. In the event that the winner (Winning Agency) is domiciled abroad (outside Spain or the European Union) and, in the event that CIVITATIS needs to make a transfer to the winner for any of the aforementioned limits, CIVITATIS will previously make the corresponding conversion from Euro (EUR) to US Dollar (USD), according to the corresponding exchange rate on the day of the transfer, by making the corresponding bank transfer in US dollars (USD), CIVITATIS being expressly exonerated of any responsibility or obligation as to the exchange rate applied (either by CIVITATIS and/or the issuing and/or receiving bank), without the winner being able to claim against CIVITATIS for this notion.

All the prizes included in the present draw (a total of seventeen (17) prizes) will be assigned to seventeen (17) different Agencies (each Agency’s participation entitles it to win only one prize, not being cumulative to several prizes). If during the draw, whether by mistake or for any other reason, the same Agency wins a second prize, it cannot be awarded a second prize because it has already won a previous prize, and the prize will be drawn again at random to be attributed to another Agency that has not previously won a prize.

If any of the winning Agencies cannot be located or contacted within seven (7) calendar days from the date of the communication from CIVITATIS, the prize will be awarded to the next Agency in time in fulfilling the participation requirements and it will be understood that the first winning Agency irrevocably renounces the prize awarded. In the event that the substitute Participant cannot be located within a further seven (7) calendar days from the communication sent by CIVITATIS, the prize will be forfeited.

The winning Agency will be responsible for any tax charges that the acceptance of the prize may entail, as well as any other expenses arising from the Competition that are not expressly assumed by CIVITATIS in these Legal Bases.

Four – TAXATION OF THE PRIZE

The prize described in these rules will be subject to all relevant tax provisions, according to the Spanish legislation in force.

The winner must comply with the tax obligations inherent to the prize awarded.

Insofar as the participants in this competition (agencies registered on the Civitatis B2B platform) carry out economic activities and the prizes obtained in this competition derive from the exercise of these activities (i.e. travel agency services), the prizes will not be subject to withholding tax when the winners are legal entities resident in Spain. This will also apply when the winner is not resident for tax purposes in Spain but there is a Double Taxation Avoidance Agreement with their country of residence.  

When the winner is not a tax resident in Spain and there is no Double Taxation Avoidance Agreement with their country of residence, the prize will be subject to IRNR withholding to the extent that it derives rights that must be fulfilled in Spanish territory. This, under the terms and conditions established by the fiscal and tax regulations in force at any given time and at the percentage legally in force for non-residents in Spain.

CIVITATIS will pay the corresponding withholding or deposit on account, if applicable, to the Agencia Estatal de Administración Tributaria on behalf of the winner.

Apart from this contribution, the fulfilment of the remaining tax obligations that the awarding of this prize implies for the winners will be exclusively for the account of the winner, for which CIVITATIS is relieved of any other responsibility.

To this effect, and in the cases where this is required, CIVITATIS will issue and send a certificate with the details corresponding to the prize that has been awarded and the withholding or payment on account made, if applicable, in accordance with the provisions of the applicable fiscal and tax regulations in force at any given time.

Five – LIMITATIONS

By accepting these Terms and Conditions, Entrants consent to CIVITATIS excluding or disqualifying these entries from the Competition.

Entries made after the closing date of the Competition, as well as those that do not comply with the requirements established in section two of these Terms and Conditions, will be considered null and void. CIVITATIS reserves the right to exclude from the Competition those Participants that it suspects or detects that they have participated in any fraudulent manner. 

CIVITATIS may exercise this right at any time, even after the winning Agencies have been notified, and reserves the right to withdraw the prize awarded to the winning Agency and award it randomly to another Participant.  

If it becomes evident that the winners or alternates do not comply with the requirements set out in the Rules, or do not provide proof of what is requested of them, their participation will be considered null and void and they will be automatically excluded from the Competition and will lose all rights to the prize awarded under this Competition.

The prize awarded will not be subject to change, alteration or compensation at the request of the winners, and cannot be exchanged for any other product or money. CIVITATIS reserves the right to make any changes, suspend or extend this Competition in the event of just cause and with prior notification in legal form.

A period of fifteen (15) calendar days is established from the date of the awarding of the prize, to make any claim motivated by this Competition. Once the fifteen (15) calendar days have elapsed from the date of the awarding of the prize, the trip will be formalised and/or managed.

It is hereby noted that the Participants are not required to pay any additional amount to CIVITATIS as a result of the proposed draw.

CIVITATIS reserves the right, if necessary, to substitute the prizes for others of similar characteristics.

Six – EXCLUSION OF LIABILITY

By way of example and without limitation, CIVITATIS shall not be liable for the following circumstances:

• The winner’s use of the prize that is the object of this Competition.
• Damages of any kind that may be due to the temporary lack of availability or continuity of the functioning of the telecommunications networks.
• Of the services provided by any other entity with which CIVITATIS collaborates in the provision of services to the winner, as a consequence of the prizes awarded, as well as those derived from negligence in the enjoyment of the prizes.
• Cases of force majeure or unforeseen circumstances that may prevent the Competition from taking place or the total or partial enjoyment of the prize. In the event that this Competition cannot be carried out, either due to fraud detected in the Competition, technical errors, or any other reason beyond the control of CIVITATIS that affects the normal running of the Competition, CIVITATIS reserves the right to cancel, modify or suspend the Competition.

Seven – PROTECTION OF PERSONAL DATA

Responsible for data processing: The personal data provided as a result of your participation in this competition will be processed by CIVITATIS TOURS S.L. (CIVITATIS), registered office at C/ Coloreros 2, 28013, Madrid, and contact e-mail civitatis@civitatis.com.

Data Protection Delegate: The DPD is a figure, legally foreseen, whose main functions are to inform and advise our entity on the obligations that affect it in terms of personal data protection and to supervise its compliance. 

In addition, the DPD acts as a point of contact for any issues relating to the processing of personal data, so if you have any queries, questions or suggestions regarding how we use your personal data, you can contact them at: dpo@civitatis.com.

Purpose of data processing: We process the personal data you provide for the following purposes:

a. To manage their participation in this competition, as well as the awarding of prizes.

b. To publicise the winners of the competition through the means described in these terms and conditions. Specifically, by publishing the commercial name of the winning Agencies in the CIVITATIS Newsletter.

The provision of the data for the purposes indicated is obligatory, and otherwise, you will not be able to participate in this competition.

Retention of data: As a general rule, personal data will be retained for the duration of the competition and, after the competition, for as long as any legal liability may arise in connection with the competition. Winners’ data will remain published for an indefinite period of time.

The data processed for the sending of commercial communications (identification and contact data) will be kept indefinitely until the user revokes their consent or objects to such data processing.

Legitimate basis: The legal basis for the processing of your data is the execution of the contractual relationship arising as a result of the acceptance of the terms and conditions governing participation in the competition. 

In accordance with the provisions of these rules, one of the prizes will consist of the delivery of a CIVITATIS gift card to the Travel Agent of the winning Agency who has invoiced the most. By virtue of the above, the Agency must communicate to CIVITATIS the following details of the Agent: Name, surname and e-mail address. The Agency undertakes to comply with the following obligations:

To inform the Agent about the processing of his personal data in accordance with the provisions of Article 13 of the General Data Protection Regulation (GDPR), including the transfer of his data to CIVITATIS, having obtained his express consent for its use so that CIVITATIS can contact him and deliver him the entity’s gift card, authorising its transfer for this purpose.

The Agency must provide CIVITATIS with proof of the consent obtained from the Agent, in accordance with letter a) above, as a prerequisite for CIVITATIS to deliver the prize of a gift card. CIVITATIS may suspend the delivery of the prize if the Agency does not prove that it has the aforementioned consent.

Recipients of the data: The data will be treated confidentially, although, due to the operation of the competition, participants’ data may be transferred to the following third parties:

a. The competent Public Administrations, in the cases foreseen in the Law and for the purposes defined therein.

b. The winners’ details will be published in the CIVITATIS Newsletter. 

Exercise of rights under the GDPR: Any person has the right to obtain confirmation as to whether or not we are processing personal data concerning him/her. Interested parties have the right to access their personal data, as well as to request the rectification of inaccurate data or, where appropriate, to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. 

Under the conditions provided for in the General Data Protection Regulation, data subjects may request the limitation of the processing of their data or their portability, in which case we will only keep them for the exercise or defense of claims. 

In certain circumstances and on grounds relating to their particular situation, data subjects may object to the processing of their data. If you have given consent for a specific purpose, you have the right to withdraw your consent at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal. In such cases, we will stop processing the data or, as the case may be, we will stop processing it for that specific purpose, except for compelling legitimate reasons, or the exercise or defence of possible claims.

In addition, data protection regulations allow you to object to being subject to decisions based solely on the automated processing of your data, where appropriate. 

The aforementioned rights are characterised by the following:

• It is free of charge, except in the case of manifestly unfounded or excessive requests (e.g. repetitive nature), in which case a fee proportional to the administrative costs incurred may be charged or a refusal to act may be made.
• You can exercise your rights directly or through your legal representative or volunteer.
• Your request must be responded to within one month, although, taking into account the complexity and number of requests, the deadline can be extended by a further two months.
• We are obliged to inform you about the means of exercising these rights, which must be accessible and without being able to refuse you the exercise of the right on the sole ground that you have chosen another means. If the request is made by electronic means, the information will be provided by electronic means where possible, unless you ask us to do otherwise.
• If, for whatever reason, the request is not acted upon, we will inform you of the reasons for this within one month and of the possibility to complain to a supervisory authority.

In order to facilitate the exercise of the aforementioned rights, we provide below links to the application form for each of them:

• Form for exercising the right of access
• Form for exercising the right of rectification
• Form for exercising the right to object
• Form for exercising the right to erasure (“right to be forgotten”)
• Form for exercising the right to restriction of processing
• Exercise of the right to portability form
• Form for exercising the right to be free from automated individual decisions

To exercise any of these rights, please send a message to dpo@civitatis.com.

In the event of any breach of your rights, in particular where you have not obtained satisfaction in exercising your rights, you may lodge a complaint with the Spanish Data Protection Agency (contact details available at www.aepd.es), or other competent supervisory authority. You can also obtain further information about your rights by contacting these bodies.

Origin of the data: Personal data are provided by participants in the competition. 

In the event that third parties provide data, whoever does so assumes the responsibility of previously informing them of all the provisions of Article 14 of the General Data Protection Regulation under the conditions established in said precept.

Personal data protection measures: We are committed to protecting the personal data we process. We use reasonably reliable and effective physical, organisational and technological measures, controls and procedures aimed at preserving the integrity and security of your data and ensuring your privacy. 

In addition, all staff with access to personal data have been trained and are aware of their obligations in relation to the processing of their personal data.

In the case of the contracts we sign with our suppliers, we include clauses requiring them to maintain the duty of secrecy regarding the personal data to which they have had access by virtue of the order placed, as well as to implement the technical and organisational security measures necessary to guarantee the permanent confidentiality, integrity, availability and resilience of the systems and services for processing personal data.

All these security measures are regularly reviewed to ensure their adequacy and effectiveness.

However, absolute security cannot be guaranteed and no security system is impenetrable so, in the event that any information under our control and under our control is compromised as a result of a security breach, we will take appropriate steps to investigate the incident, notify the Supervisory Authority, if appropriate, and, if necessary, those users who may have been affected to take appropriate action. 

Responsibility of the participants: Participants are responsible for the veracity of the data, being liable for any false or inaccurate data that may be provided, as well as for any damages, direct or indirect, that may arise.

Eight – CHANGES AND ACCEPTANCE

CIVITATIS reserves the right to modify or extend these promotional rules, to the extent that it does not prejudice or undermine the rights of the Participants in the Competition.

Participation in the Competition implies the full acceptance of these Legal Rules by the Participants who enter this Competition, which, only if CIVITATIS deems it appropriate, may be recorded in a Notarised Deed, although they will always be available to any person who wishes to consult them.

Nine – APPLICABLE LAW AND JURISDICTION

These Legal Bases shall be interpreted and governed in accordance with Spanish law. The Courts and Tribunals of the city of Madrid (Spain) will be competent to resolve any claim or dispute that may arise in relation to the validity, interpretation or fulfilment of these rules, expressly waiving any other jurisdiction. However, prior to going to court, an attempt will be made to resolve any conflict arising from this Competition amicably.