GENERAL TERMS AND CONDITIONS
Version 03/12/2023
These General Terms and Conditions (“howtovisitsevilla.com T&C” hereinafter referred to as HTVS) together with the Privacy Policy(https://howtovisitsevilla.com/políticadeprivacidad) govern the use of the Howtovisitsevilla online intermediary platform (“HTVS platform”), which is accessible through (i)(https://howtovisitsevilla.com), and some others operated by MM web sites (collectively, the “MM website”), and (ii) certain mobile applications published by MuseumMate (“MM apps”).
The HTVS platform is available to users worldwide. Certain portions of these HTVS T&Cs apply to you only if you reside in a specific country or region.
All countries (except the United States):
If you do not reside in the United States of America, Schedule A applies to you.
United States of America: If you reside in the United States of America (including its territories and possessions), Exhibit B applies to you. Exhibit B contains a mandatory and binding individual arbitration clause, which means that you agree to submit most disputes relating to the HTVS Platform, our Services or these HTVS T&Cs to binding arbitration and not to sue in court. You may only opt out of arbitration if you follow the procedure in Schedule B. Schedule B also contains a mutual class action or jury trial waiver.
MuseumMate, owner of the website https://howtovisitsevilla.com, is registered in Spain, calle Arlabán, 7-8th floor, Madrid 28014, a company registered in the Commercial Registry of Madrid, (hereinafter “MuseumMate” or “we”) is the operator of the HTVS platform and, consequently, also the responsible party. Our platform, available worldwide in several languages, is fast and easy to use.
We operate the HTVS platform as an intermediary platform where MM offers tourism activities (collectively, “activity” or “activities”) online. Among other services, the activities include the sale of tickets to museums and monuments, as well as online services related to the visit to them or to the cities where they are located. We act as an independent commercial agent of these Museums or Monuments.
2.1 The HTV T&Cs apply to all visitors and users of the HTV platform (hereinafter referred to as “Users”) and for all content within the operating systems offered. When using the NTVS platform you are required to comply with the HTVS T&Cs. Therefore, read them carefully before using it for the first time.
2.2 They are available on the Internet and apply to all our services, unless more specific regulations have been made for a particular service. If this is the case, we will make it clear at the appropriate point. User terms and conditions that conflict with or deviate from these HTVS T&Cs are only valid if we have expressly accepted them in writing.
2.3 The use of the HTVS platform is for your personal use only, which means that you may not use it for commercial purposes under any circumstances. Important: Ticket resale is strictly prohibited! Any activity that goes beyond personal use in a private environment and/or that has commercial purposes for you, associated persons and/or third parties (in particular, the resale of tickets) is strictly prohibited.
3.1 In the HTVS platform you can view the activities. The contract for the provision of the activity (“service agreement”) is solely between you and MM. When you purchase an activity on the HTVS platform, you are purchasing from us the services of intermediation in the purchase of your ticket to the Museum or Monument and the service of access to the contents on the service lines linked to your visit to said Museum or Monument. The purchase of entrance tickets to the Museums and Monuments are concluded by us on behalf of the user.
We do not act as a seller of the ticket, only as an intermediary who carries out the management on behalf of the user. We do own and sell access to the online audio guide that the user purchases along with his or her ticket to the Museum or Monument. Our commercial margin is in the value of the audio guide we sell.
3.2 In the interest of fast and trouble-free processing, you may submit questions about your reservation to Howtovisitsevilla customer service. To do so, you can write an e-mail to [email protected]. We usually respond within 24 hours and within 48 hours at the latest. Communication between you and the supplier can take place directly.
3.3 We reserve the right to make the use of the HTVS platform, individual functions of the HTVS platform or the extent to which certain individual functions may be used subject to certain requirements, such as the user’s payment history (e.g. for previously made bookings) or the submission of certain proofs (e.g. proof of identity, purchase, payment or ownership). We reserve the right to limit your booking of activities or cancel activities you have booked if there is a suspicion of fraud, a breach of these HTVS T&Cs or a breach of obligations under the service agreement of which HowtovisitSevilla becomes aware.
3.5 We are not obligated to improve, optimize, update or make available the content, functions or services provided through the HTVS platform. We may discontinue our services and features at any time. There is no right to continuation.
4.1 No registration is required to access the HTVS platform. However, in order to be able to use all functions, e.g. the “wish list”, you will need to register with us.
4.2 To set up an HTVS account you must provide your real name and email address in the registration form on the HTVS platform and set a password. If available, you can create an account without a password by using the option to create an account by receiving a verification link by e-mail. Keep this data secret to prevent a third party from accessing your account. After clicking the “Confirm Email” button, you will receive a “Welcome” confirmation email from Howtovisitsevilla. Then your HTVS account will have been created.
4.3 You can only create one HTVS account for yourself. The account cannot be transferred to another person.
5.1 Subject to the terms and conditions of this Agreement, we hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable, non-sublicensable license to download, install and use the MuseumMate apps and webapps (Progressive Web Application) on your mobile device, provided that your installation and use of the MuseumMate apps and webapps is solely for the following purposes (i) for their personal use and for non-commercial purposes; and (ii) for their personal use and for non-commercial purposes. (ii) subject to the restrictions and limits set forth in this agreement. You may not copy, transfer, rent, lease, loan, modify, adapt, create derivative works from, redistribute or sublicense the MuseumMate apps and webapps or the content provided therein, and if you sell your mobile device to a third party, you must first remove the MuseumMate apps from the mobile device. You are prohibited from reverse engineering, disassembling or otherwise attempting to derive the source code of MuseumMate apps and webapps, or any portion thereof, unless such restriction is expressly prohibited by applicable law. All rights not expressly granted to you under this agreement are reserved by us and our licensors.
5.2 At its sole discretion, Howtovisitsevilla may, from time to time, develop and make available updates to the MuseumMate apps and webapps which may include upgrades, bug fixes, patches, other enhancements and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or remove certain features and functions. You agree that MuseumMate has no obligation to provide updates or to continue to provide or maintain any particular feature or function. Whether or not your mobile device is connected to the Internet (depending on the configuration of your mobile device):
You should download and install all updates immediately and recognize that failure to do so may cause HTVS apps and webapps or portions thereof to stop functioning properly.
You further agree that all updates shall be considered part of the MuseumMate apps and webapps and shall be subject to all provisions of these HTVS T&Cs.
5.3 You acknowledge that when you download, install or use MuseumMate apps or webapps, MuseumMAte may use automated means (including, for example, cookies, SDKs and web beacons) to collect information about your mobile device and your use of MuseumMate apps and webapps. You may also be asked to provide certain information about yourself as a condition of downloading, installing or using MuseumMate apps and webapps or some of their features or functions. Any information we collect through or in connection with MuseumMate’s apps and webapps is subject to our Privacy Policy. You can control certain data processing activities by withholding your consent when requested to do so by the MuseumMate app or webapp.
6.1 The subject matter of the contract with us as a contractual partner is the free use of the HTVS platform (“Agreement of Use”).
6.2 You are prohibited from reverse engineering, disassembling or attempting to derive the source code of the HTVS apps and webapps, or any part thereof, unless such restriction is expressly prohibited by applicable law. You can block, cancel or delete your user account at any time by contacting MuseumMate customer service by phone or by using the contact form available in the “Delete Account” section.
6.3 MuseumMate may unilaterally terminate your user agreement, your HTVS account or your access to the HTVS platform at any time with one week’s notice. However, the termination will only become effective once all service agreements already in place have been fulfilled. This does not affect the right to extraordinary termination.
7.1 You can contact our customer service at [email protected]. You can reach us by phone, chat or email.
7.2 If you find an activity booked through the HTVS platform offered through the HTVS platform (i) under the same conditions (date, city, number of people) and (ii) under the same conditions (date, city, number of people) and (ii) with the same services (iii) at a lower price on the Internet (iv) with the same supplier and you prove it to us, we will credit you the difference between the price booked through Howtovisitsevilla and the lowest price you found available online.
7.3 To make use of the best price guarantee you must send us the link (and/or a screenshot of the alternative offer). We will then verify it and, if the price is indeed lower, we will reimburse you the difference, either in cash or by voucher.
7.4 All discounts and special offers are identified as such.
8.1 The price offered on the HTVS platform (“displayed price”) applies to the activity. The amount you pay for an activity (“reservation price”) is the price shown less applicable discounts. Unless otherwise agreed, this price is due immediately upon reservation.
8.2 For a selection of activities you can choose the “Book now and pay later” function. This is only possible with a credit card that is valid at least until the date of the selected activity. To confirm this, we will charge 0 EUR to your credit card when you complete your reservation. We will charge the price of the reservation 72 hours before the start of the activity. If the charge to your credit card fails, you have 47 hours to make the payment manually. If this does not work and we do not receive payment, we will automatically cancel the activity you have booked.
8.3 Howtovisitsevilla is entitled to receive the amounts invoiced for the purchase of your ticket to the Museum or Monument, as well as the complementary services. Upon successful payment to Howtovisitsevilla you will have fulfilled your payment obligations to Howtovisitsevilla. You can only pay in the currency indicated in howtovisitsevilla which is the EURO.
8.4 As an independent commercial agent, once payment has been received for the purchase of your ticket and complementary services (pack format), if you wish to claim a refund of the reservation price outside of our cancellation policy, you may contact us.
8.5 You must provide accurate payment information and update it promptly in the event of any changes. The payment methods allowed for the activity are shown in the order process. The general terms and conditions of the payment service provider apply. Your payment service provider may charge you additional fees. You are required to confirm to us that you are authorized or permitted to use any payment method you use.
8.6 In some cases you will not pay the price of the reservation to Howtovisitsevilla, but to another company that we have commissioned to process the payment as a sub-agent. These payments are subject to the same conditions as direct payments. So nothing changes for you.
8.7 By authorizing payment you agree that your information will be used for the purpose of charging for the service(s) contracted on the howtovisitsevilla platform. We reserve the right to make the payment function or individual payment methods on the HTVS platform dependent on a creditworthiness check.
9.1 The User does not have the right to withdraw from the contracting of the Services because they are services related to leisure activities that provide for a specific date or period of execution, even if the date and time of access to the Museums or Monuments activities are different from those requested by the user at the time of contracting on the MM website.
10.1 On the HTVS platform you may be shown ratings and other content posted by other users. These ratings only reflect the opinion of a user at a specific moment in time, which is the result of personal experiences and expectations. You should also note that the activity or other content may have changed since the rating was published. In addition, you should consider the number of ratings and stars received, as a single review is often less meaningful than a large number of reviews.
10.2 You may personally influence the content of the HTVS platform by writing reviews of the activities you have purchased or by posting related images (collectively, “User Content”). You are fully responsible for the user content you post. On the HTVS platform it is strictly forbidden to publish any user content that: (i) is false or misleading; (ii) offers, overtly or covertly, any product, service or business; (iii) is created by third parties in exchange for remuneration; (iv) is created by or at the direction of the provider offering the activity; (v) violates the intellectual property, privacy or other rights of third parties; or (vi) contains links or similar information/references that may impair the operation of third party data processing systems.
10.3 Before uploading user content, you are obliged to ensure that you have the necessary usage rights for the images. In particular, images or photographs where other people can be seen can only be uploaded to the HTVS platform if these people have given their consent. If you want to use images taken by someone other than yourself, you also need that person’s consent.
10.4 The making available to the public of user content must not violate legal regulations, morality and/or the rights of third parties. In particular, you may not upload and/or make available to the public any user content with violent, pornographic, discriminatory, insulting, racist, defamatory or other illegal conduct.
10.5 You retain ownership of any user content you create. You grant to Howtovisitsevilla a non-exclusive, sublicensable (for one or more tiers), worldwide, fully paid-up, royalty-free license to use and reproduce the User Content, in any media now known or hereafter discovered or developed, adapt, translate, create derivative works, modify, perform, publicly display, publicly perform, transmit and distribute, including (i) on or through the Howtovisitsevilla platform, (ii) through Howtovisitsevilla and Howtovisitsevilla partners and (iii) in online and offline marketing materials.
10.6 We may remove any user content if necessary and at our sole discretion. For example, Howtovisitsevilla may remove User Content if, in our opinion, it violates the obligations in Sections 14.2 through 14.4. We have no obligation to retain copies of any user content or to provide such copies.
10.7 MuseumMate, its affiliated companies, sub-agents and its (distribution) partners may display advertisements and other information in conjunction with User Content on the HTVS platform and in other media. You are not entitled to any compensation for such advertisements. We reserve the right to change the type and scope of such advertising measures. We did not notify you in this regard.
11.1 All your personal data collected through the HTVS platform will be processed by MuseumMate as a data controller in accordance with the relevant data protection laws and for the purposes described in the
Privacy Policy
. Museummate transfers your personal data to third parties for other legally permissible purposes. Providers are independent data controllers and have sole responsibility for the processing of your personal data.
11.2 See the
Privacy Policy
for complete information on how to exercise your data protection rights.
12.1 You shall indemnify us to the fullest extent possible against all damages, costs and expenses (including reasonable costs of defending against third party claims) incurred by us, our representatives or our partners as a result of the following circumstances:
12.1.1 Your intentional or negligent misrepresentation, act or omission in connection with your use of the HTVS Platform;
12.1.2 Your deliberate or negligent failure to comply with the HTVS T&Cs; or
12.1.3 Claims by third parties arising out of or in connection with your access to or use of the HTVS platform, which intentionally or negligently violates these HTVS T&Cs.
13. Transfer
Except for any claim for damages, you may not transfer or assign your rights and/or obligations under these HTVS T&Cs.
In the event that individual provisions of these HTVS T&Cs are or become void or ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. The statutory law replaces the provisions of these HTVS T&Cs that have been omitted or are invalid. If such statutory law is not available in the respective case or would lead to an intolerable result, the parties should engage in negotiations to find a valid provision that comes as close as possible to the economic purpose of the invalid provision.
15.1 Conclusion of the contract with the supplier
15.1.1 When you select and purchase an activity on the HTVS platform, you are contracting directly with MuseumMate to manage the purchase of your ticket to the selected Museum or Monument, as well as access to digital audioguides via app or webapp.
15.1.2 After selecting the activity, select the desired date(s) for your visit, the number of attendees and the desired time slot. You will be asked to provide other mandatory information, in particular, the method of payment, your personal data requested for each Museum or Monument.
15.1.3 By clicking on the “Pay Now” button at the end of the order process, you make a binding offer to conclude a service agreement with MuseumMate for the order of ticket purchase services for the ordered Museum or Monument as well as access to the chosen audio guide. You will be subject to this offer for two business days. After we receive your order from MuseumMate we will send you an automatic confirmation of receipt of your order. This confirmation does not yet represent entry to the Museum or Monument.
15.1.4 Please read carefully the Terms and Conditions established by the Museums and Monuments for which you contracted the ticket purchase service from us, as they may contain important information, such as, for example, cancellation options or conditions. The Museum or Monument Terms and Conditions do not affect your relationship with us or our legal rights. In cases of Museums and Monuments ticket purchase conditions different from or in conflict with howtovisitsevilla’s cancellation conditions, howtovisitsevilla’s cancellation policy will govern.
15.1.5 We accept your booking by providing you with a booking confirmation issued in the name and on behalf of howtovisitsevilla, this confirmation not being in any case, the access ticket to the Museum or Monument requested in your booking. We reserve the right to accept or reject any contract offer at our sole discretion.
15.1.6 When you receive the order confirmation you should immediately check that all data are correct.
15.2
Prices
15.2.1 In most cases, quoted prices are inclusive of all taxes and fees. However, additional taxes, fees or handling charges may be charged during the payment process. If additional taxes or fees apply locally, this will be indicated in the payment ticket details.
15.2.2 The established prices are subject to the cancellation and refund conditions of this P&C of HTVS.
15.3 Access to the Museum or Monument
15.3.1 You must present yourself at the entrance door to the Museum or Monument described in the Location section of the activity details, with the ticket received from HTVS by e-mail and printed. The ticket must be accompanied by your ID card, Passport or Identity Card, as well as any other document justifying the price reduction conditions implied by the ticket selected by the user during the purchase process at HTVS. If you are traveling to the Museum or Monument from abroad, you are responsible for having the necessary travel documents (passport, visa, etc.), for complying with health regulations, etc.
15.3.2 The price of the HTVS services reservation does not include insurance. You are responsible for having adequate insurance coverage. We do not operate Museums, employ tour guides or set safety standards for visiting Museums, Monuments or Cities.
15.3.3 We shall not be liable for any act, error, omission, representation, warranty, breach, negligence or misconduct of any supplier or for any personal injury or property damage or any other claim or expense arising during your visit to the City or visit to the Museum or Monument.
15.4 Other Rights of Museums or Monuments.
15.4.1 The Museums or Monuments may cancel the public visit for which HTVS purchased the ticket for the User, on the date of said ticket without giving sufficient advance notice. These cancellations may be due to weather conditions, official measures, strikes or other external circumstances that are unforeseeable. In this case, the price paid for the ticket will be refunded, applying the cancellation conditions established by the Museum or Monument for that specific cancellation.
15.4.2 The Museum or Memorial may deny you access to the Museum or Memorial if it considers that you are in breach of the rules for access to the Museum or Memorial. We recommend that you read the conditions indicated in each entry. They may also cancel your visit and expel you from the Museum or Monument if they consider that you are not complying with these rules inside the Museum or Monument. In these cases, the price paid for the reservation of the ticket purchased through HTVS will not be refunded.
15.4.3 The Museums or Monuments may make minor changes to the visit program at any time if deemed necessary due to various circumstances that have arisen at short notice. These changes cannot be made to your ticket purchase and access to the Museum or Monument will be validated at the moment you validate your ticket at the entrance of the Museum or Monument. In these cases, the price paid for the reservation of the ticket purchased through HTVS will not be refunded.
16.1 In order to perform the contract and exercise our rights under these T&Cs, we may use other MuseumMate companies and third parties as vicarious agents.
16.2 We may change or adapt these HTVS T&Cs in the future, for example, to take into account changes in the law and the market or regulatory gaps. In such cases, we will inform you in a timely and appropriate manner. If you object, in these cases, the price paid for the reservation of the ticket purchased through HTVS will not be refunded.
16.3 All notices and other statements to be transmitted under these HTVS T&Cs must be in writing (e.g., by e-mail).
16.4 The provisions of the United Nations Convention on the International Sale of Goods do not apply to these HTVS T&Cs nor to purchases made pursuant to these HTVS T&Cs.
16.5 The contract between you and us is made and concluded in Madrid, Spain.
16.6 In these HTVS T&Cs (i) “including” means “including but not limited to”, (ii) generic words do not have a restrictive meaning because they are preceded by words denoting a particular class of acts, matters or things, and (iii) generic words do not have a restrictive meaning because they are preceded by words denoting a particular class of acts, matters or things. (iii) words indicating the singular include the plural and vice versa. The main and section titles used in these HTVS T&Cs are for convenience only and may not be used for interpretation.
Annex A
Clauses applicable to residents of all countries (except U.S. residents)
A1 Scope of application
These HTVS terms and conditions are exclusively addressed to consumers within the meaning of Spanish law.
A2 Responsibility
A2.1 Except as otherwise provided in section A2.2, our maximum liability arising out of or in connection with the performance of our contractual obligations to you is limited to reasonably foreseeable loss or damage resulting from our negligent breach of a cardinal obligation. A “cardinal obligation” under these HTVS T&Cs is an obligation the performance of which is essential to the proper performance of these HTVS T&Cs and the failure to perform which jeopardizes the purpose of these HTVS T&Cs and the performance on which you, as a user, may regularly rely. Losses or damages are usually foreseeable if they were normally foreseeable at the time of acceptance of these HTVS T&Cs. We exclude our liability and that of our agents for damages caused by the negligent breach of a “non-cardinal obligation”.
A2.2 Nothing in these HTVS T&Cs excludes or limits the liability of us or our representatives or vicarious agents for gross negligence, intentional bodily injury (including death), personal injury or fraud. Any other legally binding consumer rights will also remain unaffected.
A2.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance related to the HTVS platform standard or if we assume the warranty of a specific functionality. The same applies to any claims of the user under the Product Liability Act.
A2.4 There is no liability in cases of force majeure, including, for example: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the HTVS platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, inclement weather, including floods, regulatory or other actions of any regulatory, governmental or supranational authority, war, insurrection or labor disputes.
A2.5 You always have the option to prove to the user that you have not suffered any damage or that the damage is significantly less than the cancellation fees charged.
A3 Compensation
A3.1 Compensation for damages within the meaning of Clause 12.1 also includes compensation for which we assume a risk of liability to our agents or assistants due to the occurrence of one of the events described in Clause 12 .
A3.2 The above obligations in section A3.1 only apply if you are responsible for the occurrence of one of the events described in section 12 or violations of these HTVS T&Cs, i.e. if you acted intentionally or negligently and that misconduct directly led to the events or violations described above. .
A4 Online Dispute Resolution
You may access the European Commission’s online dispute resolution platform
here
. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
A5 Applicable law
To the extent permitted by mandatory local (consumer) law in your country of residence, these HTVS T&Cs and our services are governed by German law.
A6.1 Jurisdiction for persons resident in the EEA If your habitual place of residence is within the EEA (European Economic Area), the following applies: to the extent permitted by mandatory local (consumer) law, the exclusive place of jurisdiction for all disputes is Madrid, Spain.
A6.2 Place of jurisdiction for persons who are not residents of the EEA or the USA. If your habitual place of residence is outside the EEA (European Economic Area) and the United States of America, the following applies: the exclusive place of jurisdiction for all disputes is Madrid, Spain.
A.7 Right of withdrawal
If you are a consumer (i.e. a natural person acting for purposes which are outside your trade, business, craft or profession) and your habitual residence is in the European Economic Area, you generally have a statutory right of withdrawal in accordance with the withdrawal information below. However, in some cases, the right of withdrawal is excluded by law. Therefore, you may not have a right of withdrawal in the specific case of your contract.
A7.1 Exclusion of the right of cancellation
The law excludes the right of withdrawal in the case of distance contracts for the provision of leisure activities, if the contract provides for a specific date or period of performance. This includes tours of various types that specify a specific date or time, “single or multi-day excursions”, “entrance tickets”, “guided tours”, “water activities”, “adventures”, “other experiences” and “combination offers” organized by us.
A7.2 Instructions on exercising the right of withdrawal
A7.3 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall expire 14 days from the day on which you acquire, or a third party indicated by you (other than the carrier) acquires, material possession of the last of the goods. To exercise your right of withdrawal, you must inform us (MuseumMate, s.l.u, calle Arlabán, 7-8ª planta, 28014 Madrid, Spain, [email protected] (Protection against spam), +34902315317) of your decision to withdraw from the contract by an unequivocal statement (e.g. an e-mail or a letter sent by post). You may use the attached model withdrawal form, but it is not mandatory. To exercise your right of withdrawal within the required period, you only need to send the communication concerning the exercise of the right of withdrawal before the end of this period.
A7.4 Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received by us from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the date on which you inform us of your decision to withdraw from this contract. We will make the refund using the same payment method you used for your initial transaction, unless you have expressly agreed otherwise, and provided that you do not incur any fees as a result of such refund. You shall return the goods or hand them over to us without undue delay and in any event not later than 14 days from the date on which you inform us of your decision to withdraw from this contract. The deadline will be deemed to have been met if you return the goods before the 14-day period has expired. We will bear the cost of returning the goods. You shall only be liable for any diminution in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
A7.5 Model withdrawal form
(please complete and send this form if you wish to withdraw from the contract).
A MuseumMate, s.l.u., calle Arlabán, 7-8ª planta 28014 Madrid, Spain.
I/we hereby inform you(*) that I/we hereby withdraw from my/our(*) contract for the sale of the following good/provision of the following service(*),
Ordered on(*)/received on(*),
Name of the consumer(s),
Address of the consumer or consumers,
Signature of the consumer(s) (only if this form is submitted on paper),
Date
(*) Delete as appropriate.
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