Terms & Conditions


Terms and conditions

These terms and conditions (“Agreement”) set forth the general terms and conditions of your
use of the “Experience Benidorm” mobile application (“Mobile Application” or “Service”) and
any of its related products and services (collectively, “Services”). This Agreement is legally
binding between you (“User”, “you” or “your”) and this Mobile Application developer
(“Operator”, “we”, “us” or “our”). By accessing and using the Mobile Application and Services,
you acknowledge that you have read, understood, and agree to be bound by the terms of this
Agreement. If you are entering into this Agreement on behalf of a business or other legal
entity, you represent that you have the authority to bind such entity to this Agreement, in
which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such
authority, or if you do not agree with the terms of this Agreement, you must not accept this
Agreement and may not access and use the Mobile Application and Services. You acknowledge
that this Agreement is a contract between you and the Operator, even though it is electronic
and is not physically signed by you, and it governs your use of the Mobile Application and

Accounts and membership

If you create an account in the Mobile Application, you are responsible for maintaining the
security of your account and you are fully responsible for all activities that occur under the
account and any other actions taken in connection with it. We may monitor and review new
accounts before you may sign in and start using the Services. Providing false contact
information of any kind may result in the termination of your account. You must immediately
notify us of any unauthorized uses of your account or any other breaches of security. We will
not be liable for any acts or omissions by you, including any damages of any kind incurred as a
result of such acts or omissions. We may suspend, disable, or delete your account (or any part
thereof) if we determine that you have violated any provision of this Agreement or that your
conduct or content would tend to damage our reputation and goodwill. If we delete your
account for the foregoing reasons, you may not re-register for our Services. We may block your
email address and Internet protocol address to prevent further registration.

User content

We do not own any data, information or material (collectively, “Content” that you submit in
the Mobile Application in the course of using the Service. You shall have sole responsibility for
the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may monitor and review the Content in
the Mobile Application submitted or created using our Services by you. You grant us

permission to access, copy, distribute, store, transmit, reformat, display and perform the
Content of your user account solely as required for the purpose of providing the Services to
you. Without limiting any of those representations or warranties, we have the right, though
not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our
reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You
also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content
created by you or stored in your user account for commercial, marketing or any similar


We perform regular backups of the Content and will do our best to ensure completeness and
accuracy of these backups. In the event of the hardware failure or data loss we will restore
backups automatically to minimize the impact and downtime.

Links to other resources

Although the Mobile Application and Services may link to other resources (such as websites,
mobile applications, etc.), we are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated
herein. Some of the links in the Mobile Application may be “affiliate links”. This means if you
click on the link and purchase an item, the Operator will receive an affiliate commission. We
are not responsible for examining or evaluating, and we do not warrant the offerings of, any
businesses or individuals or the content of their resources. We do not assume any
responsibility or liability for the actions, products, services, and content of any other third
parties. You should carefully review the legal statements and other conditions of use of any
resource which you access through a link in the Mobile Application and Services. Your linking
to any other off-site resources is at your own risk.

Prohibited uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the
Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others
to perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false
or misleading information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or operation of the
Mobile Application and Services, third party products and services, or the Internet; (h) to

spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose;
or (j) to interfere with or circumvent the security features of the Mobile Application and
Services, third party products and services, or the Internet. We reserve the right to terminate
your use of the Mobile Application and Services for violating any of the prohibited uses.

Intellectual property rights

“Intellectual Property Rights” means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright and related rights, trademarks,
designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions,
rights to use, and all other intellectual property rights, in each case whether registered or
unregistered and including all applications and rights to apply for and be granted, rights to
claim priority from, such rights and all similar or equivalent rights or forms of protection and
any other results of intellectual activity which subsist or will subsist now or in the future in any
part of the world. This Agreement does not transfer to you any intellectual property owned by
the Operator or third parties, and all rights, titles, and interests in and to such property will
remain (as between the parties) solely with the Operator. All trademarks, service marks,
graphics and logos used in connection with the Mobile Application and Services, are
trademarks or registered trademarks of the Operator or its licensors. Other trademarks,
service marks, graphics and logos used in connection with the Mobile Application and Services
may be the trademarks of other third parties. Your use of the Mobile Application and Services
grants you no right or license to reproduce or otherwise use any of the Operator or third party

Limitation of liability

To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates,
directors, officers, employees, agents, suppliers or licensors be liable to any person for any
indirect, incidental, special, punitive, cover or consequential damages (including, without
limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on
business, business interruption, loss of anticipated savings, loss of business opportunity)
however caused, under any theory of liability, including, without limitation, contract, tort,
warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been
advised as to the possibility of such damages or could have foreseen such damages. To the
maximum extent permitted by applicable law, the aggregate liability of the Operator and its
affiliates, officers, employees, agents, suppliers and licensors relating to the services will be
limited to an amount greater of one dollar or any amounts actually paid in cash by you to the
Operator for the prior one month period prior to the first event or occurrence giving rise to
such liability. The limitations and exclusions also apply if this remedy does not fully
compensate you for any losses or fails of its essential purpose.


You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees,
agents, suppliers and licensors harmless from and against any liabilities, losses, damages or
costs, including reasonable attorneys’ fees, incurred in connection with or arising from any
third party allegations, claims, actions, disputes, or demands asserted against any of them as a
result of or relating to your Content, your use of the Mobile Application and Services or any
willful misconduct on your part.


All rights and restrictions contained in this Agreement may be exercised and shall be applicable
and binding only to the extent that they do not violate any applicable laws and are intended to
be limited to the extent necessary so that they will not render this Agreement illegal, invalid or
unenforceable. If any provision or portion of any provision of this Agreement shall be held to
be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of
the parties that the remaining provisions or portions thereof shall constitute their agreement
with respect to the subject matter hereof, and all such remaining provisions or portions
thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising
out of it shall be governed by the substantive and procedural laws of Spain without regard to
its rules on conflicts or choice of law and, to the extent applicable, the laws of Spain. The
exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the
courts located in Spain, and you hereby submit to the personal jurisdiction of such courts. You
hereby waive any right to a jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the International Sale of Goods
does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its terms relating to the Mobile Application
and Services at any time, effective upon posting of an updated version of this Agreement in
the Mobile Application. When we do, we will revise the updated date at the bottom of this
page. Continued use of the Mobile Application and Services after any such changes shall
constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions.
By accessing and using the Mobile Application and Services you agree to be bound by this
Agreement. If you do not agree to abide by the terms of this Agreement, you are not
authorized to access or use the Mobile Application and Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us
concerning any matter relating to it, you may send an email to

This document was last updated on May 3, 2021