First. - Applicable Legislation.

1.1. The Retail Agency/Management Group (hereinafter, "the agency") that markets the products offered by VIAJES GTI GRUPO TURÍSTICO INTERNACIONAL, S.A. (hereinafter "GTI"), in the performance of its obligations under this contract, will adhere to the current applicable legislation, and particularly to the provisions of Royal Legislative Decree 1/2007 of November 16, which approves the Consolidated Text of the General Law for the Defense of Consumers and Users, all with the aim of avoiding claims by travelers based on non-compliance with this paragraph.

Second. - Use of the ProAgents System.

2.1. The ProAgents system is a reservation system for GTI's products intended for professional use by the agency. By using the ProAgents system, the agency accepts these general conditions in their entirety, as well as any other conditions applicable to the system. GTI reserves the right to modify these general conditions at any time, and it is the agency's responsibility to comply with the current conditions at all times. The ProAgents system consists of the web application, where the agency creates an account and registers, along with all documentation, conditions, and any software applications or physical accessories that may be part of the system at any time.

2.2. The agency declares that it meets all legal requirements to carry out its activities and to use the ProAgents system. The agency guarantees to GTI that all information provided in the use of the ProAgents system is true, accurate, and complete, and is obliged to keep it updated at all times.

2.3. The agency acknowledges and understands that GTI is the sole owner of the ProAgents system and reserves the power to modify it at any time as it deems appropriate, without prior notice to the agency. Additionally, GTI may modify, at any time and without prior notice, the commissions applicable to available reservations. GTI will not alter, at any time, the commissions applicable to reservations already made. GTI may, at its sole discretion and without justification or notification to the agency, expel the agency from the ProAgents system at any time.

2.4. The agency may unsubscribe from the ProAgents system by sending a request via email to proagents@cayolevantadoresort.com.

Third. - Obligations of the Parties.

3.1. In carrying out its functions for marketing GTI's products, the agency will diligently follow the instructions and procedures communicated by GTI, particularly concerning deadlines, payment methods for the products offered by GTI, compliance with formal obligations, etc., all to ensure the proper execution of contracts and avoid traveler claims. The agency will at all times inform the traveler of the conditions applicable to each reservation, all of which are available on GTI’s website.

3.2. The agency will provide travelers with written information regarding the relevant travel offer, specifically all pre-contractual information required by applicable regulations, as well as information about the products offered by GTI, clarifying any aspects requested by the traveler.

3.3. GTI will inform the agency of any changes to the contracted services through the ProAgents system, by email, fax, or any other means that provides proof of receipt.

3.4. The agency will communicate these changes to the traveler. To avoid claims from the traveler against both the agency and GTI, the communication must be made in writing, with the traveler signing the document and consenting to the change. In any case, the communication must include the date it was notified to the traveler. Additionally, in the event of potential traveler claims, the agency will retain the communication document of changes, once accepted by the traveler, for a period of at least 5 years from the signature date.

3.5. For the same period, the agency will keep written agreements with the traveler regarding changes made after the contracts were signed.

3.6. It is the responsibility of the agency to provide written information with the necessary advance time before the trip starts, and in any case, no later than at the time of confirming reservations, before the traveler is bound by any contract, as required by current regulations.

3.7. The agency must also provide the traveler with clear, understandable, and accessible information about the main characteristics of the contract, particularly regarding its legal and economic conditions, of the products marketed by GTI.

3.8. In anticipation of a possible claim by the traveler, the agency will retain, for at least 5 years, the evidence proving compliance with the obligations set forth in this point.

3.9. Upon entering into the contract with the traveler, the agency is required to provide a copy of it. The contract will consist of: a) Reservation Confirmation. A document obtained electronically from the ProAgents website, proving the services purchased by the traveler, with any other voucher or document in the agency's possession being invalid. b) General Conditions. The agency will retain the aforementioned contract for at least 5 years from its signing, to prevent potential claims.

3.10. Any modification of reservations made through the ProAgents system must be individually consulted by the agency with GTI via the following email: proagents@cayolevantadoresort.com

3.11. Any cancellation of confirmed reservations can be made through the corresponding tools in the ProAgents system, with the applicable cancellation conditions being relevant.

3.12. Reservations that include 10 or more rooms or 20 or more adults are considered group reservations. For such bookings, it is necessary to contact groups@cayolevantadoresort.com.

3.13. The agency agrees to prominently display all catalogs, offers, posters, and other materials provided by GTI, making GTI’s products a priority at both the physical and virtual sales points (website).

Fourth. - Fees.

4.1. Any regional, national, and/or local fees, if applicable, will be payable by the traveler at the accommodation establishment, in accordance with the applicable legislation and jurisdiction. "Regional, national, and/or local fees" includes any accommodation fees, resort fees, city taxes, or other similar charges.

Fifth. - Modification, Termination, and Withdrawal.

5.1. In the event of significant changes to any essential element of the contract occurring before the trip's departure and communicated to the agency by GTI, the agency will notify the traveler of such changes as soon as possible through their contact with the traveler.

5.2. Such communication must be made in writing to provide proof of receipt by the traveler, and the agency must retain this document for a period of 5 years from the notification date.

5.3. If the traveler chooses to terminate the contract, this must be communicated to GTI as soon as possible, and in any case, within 24 hours from the traveler’s decision.

5.4. The agency must inform the consumer of their right to withdraw according to the applicable regulations for the products marketed by GTI.

5.5. The traveler’s termination or withdrawal from the contract must be communicated by the agency to GTI within a maximum of 24 hours from when the agency became aware of it.

Sixth. - Commissions. Payment Methods.

6.1. The agency will earn the right to receive compensation for marketing the services contracted through the ProAgents system once GTI has received the full and effective payment for these services and 30 calendar days have passed since the completion of the contracted services.

6.2. Failure by the agency to comply with the conditions agreed upon in this contract entitles GTI to modify the commissions due to the agency and the payment methods for the combined travel packages and other products contracted with the travelers.

6.3. In the event of cancellations of reservations made, GTI has the right to demand the return of the commissions obtained by the agency.

6.4. Payment for the services offered by GTI will be made through the methods enabled in the ProAgents system. Failure to deposit the payment into the indicated account within the time frame specified in this contract will be considered a breach of contract by the traveler, allowing GTI to unilaterally terminate the contract immediately.

Seventh. - Loss or Damage.

7.1. The agency will avoid loss or damage to the documents it is required to retain under these general conditions, to prevent any harm that such loss or damage might cause to the parties.

7.2. In the event of loss or damage to documents by the agency, it will bear all costs and compensations, including legal and attorney fees, that GTI might incur.

Eighth. - Costs. The agency will charge for the costs related to the termination of the combined travel contract at the traveler’s request, claiming from the traveler, on behalf of GTI according to the information provided by this entity, the amounts corresponding to the following concepts:

• Management fees.
• Cancellation fees, if any.
• Costs based on the advance notice of termination.

Ninth. - Industrial and Intellectual Property.

9.1. The Agency acknowledges that GTI exclusively owns or holds licenses for the industrial and intellectual property rights derived from the brands, trade names, designs, photographs, texts, videos, and any other content under the domains www.bahiaprincipe.com and https://www.cayolevantadoresort.com/es/

9.2. GTI grants the agency a license to use the aforementioned brands and content exclusively during the term of this contract and solely for the purpose of promoting and selling GTI’s services and products. The agency does not acquire any ownership or title to the industrial and intellectual property rights. The agency shall refrain from:

• Altering and/or removing the brands and trade names set by GTI in its content.
• Using the content and brands in a manner that could harm the image and prestige of GTI or its brands, including BAHIA PRINCIPE.
• Altering the composition and presentation of the content.
• Registering any trademarks, trade names, domain names, designs, or other industrial and intellectual property rights that are identical or similar to GTI's trademarks, even for the purpose of fulfilling this contract. For example, the agency will refrain from using the brand or trade names as keywords or search terms in sponsored ads or Adwords on any Internet search engine such as Google, Bing, or others. 

9.3. The agency will inform GTI of any infringement or claims related to the industrial and intellectual property rights covered by this authorization and/or that constitute unfair competition and, upon GTI’s request, will provide all reasonably required assistance to defend these rights.

Tenth. - Product Distribution. 10.1. Brand and Commercial Reputation Protection: The Parties recognize the essential value of the BAHIA PRINCIPE and CAYO LEVANTADO RESORT brands and their commercial reputation to GTI, as well as GTI’s efforts to maintain their status. GTI may, at its discretion and without justification or prior notice, suspend sales to the agency if GTI detects that a third party, to whom the agency has provided and/or continues to provide GTI products, harms or damages the brand and commercial reputation of BAHIA PRINCIPE or CAYO LEVANTADO RESORT or any of its establishments. GTI will determine which establishments are affected by the suspension, and the agency’s sales to these establishments will remain suspended indefinitely until the brand and reputation are restored to GTI’s satisfaction. After 2 months from the suspension, the affected establishment will be automatically excluded from the scope of this contract going forward. This does not affect the settlement of accrued rights up to the suspension moment, nor does it impact the continuation of this contract for the remaining unaffected establishments. The suspension will not entitle the agency or any third parties to any compensation.

Eleventh. - Representation.

11.1. This clause applies only if this contract is signed, along with GTI, by an entity or organization formed by retail travel agencies (group contract), acting as the representative of these retail agencies for the purpose of signing this contract.

11.2. The signatory of this contract, in their capacity as the legal representative of the entity or organization formed by retail travel agencies, declares that this entity or organization can act as the representative of the associated travel agencies on whose behalf it exercises the respective mandate, and is obligated to inform these travel agencies of the specific and general conditions of this contract for their acceptance.

11.3. The entity or organization that is a party to this contract, along with GTI, agrees to: a) Keep available to GTI, for no less than four (4) years, the document evidencing the communication referred to in the previous number, as well as the respective acceptance by the travel agencies. b) During the aforementioned period, keep available to GTI the documents signed by the travel agencies, through which the powers of representation were granted to enter into this contract on their behalf. c) Notify GTI in writing of any alterations or revocations, if any, of the powers granted by the retail travel agencies to enter into this contract.

11.4. Similarly, the entity or organization that is a party to this contract will be responsible to GTI for all damages resulting from non-compliance with the provisions of this contract, specifically the obligations set forth in this condition, and must compensate GTI for all damages caused by such non-compliance.

Twelfth. - Jurisdiction.

12.1. For the judicial resolution of any disputes arising between the parties as a result of this contract, the parties, expressly waiving their own jurisdiction, submit to the Courts and Tribunals of the city of Palma (Balearic Islands).

Thirteenth. - Data Protection.

13.1. Each party separately agrees to comply with the obligations imposed by Regulation (EU) 2016/679 (GDPR) or any other European regulations that may complement, update, or replace it, as well as, where applicable, the personal data protection laws in their respective legal systems (hereinafter, Data Protection Regulations). The agency specifically undertakes to provide its clients and agents with all the information required by the Data Protection Regulations to fulfill the duty of information, including information provided by GTI, and to obtain the consent of the data subjects for the processing of their personal information when required by the said regulations. The agency must keep all necessary information to demonstrate compliance with these obligations.

13.2. The parties agree to formalize any contracts or comply with any additional formalities required by the Data Protection Regulations to ensure the proper execution of this contract.

13.3. Those acting on behalf of the parties, or the parties themselves if individuals, are informed that their personal data will be processed by each party for the management and control of this contractual relationship. The legal basis for processing is the execution of this contract and compliance with legal obligations. Data will not be transferred except where legally required or to other companies in the group to which the parties belong for administrative purposes. Data will be retained for the duration of the legal relationship and, in any case, for the periods provided in applicable legal provisions and for the time necessary to address any liabilities arising from processing. Data subjects have the right to request access to their personal data, correction or deletion, limitation of processing, objection to processing, and to lodge a complaint with a supervisory authority. Data portability rights may also apply under the GDPR.

Fourteenth. - Miscellaneous.

14.1. If market needs or competitive actions force GTI to create a new product or brand, GTI reserves the right to establish a new set of conditions.

14.2. The non-exercise by either party of any of its rights under this contract will not be considered a waiver of those rights in the future.

14.3. This contract represents the entirety of the agreements between the parties and nullifies and revokes any other agreements or arrangements, verbal or written, that were in effect on the date of its signing regarding the treatment of personal data.

14.4. If any of the provisions of this contract are declared null or inapplicable, those sections or provisions will be considered excluded, without affecting the validity of the rest of the contract. In such a case, the parties will make every effort to find a valid and equivalent solution that properly reflects their intentions.

14.5. All notifications between the parties will be made to the respective addresses indicated in the heading of this contract. Any notification must be made in writing and delivered in a manner that certifies receipt by the notified party.

14.6. The headings of the different sections of this contract are for informational purposes only and will not affect, qualify, or expand the interpretation of this contract.