General terms for partner venues

The BuenSpot platform (buenspot.com) is operated by [to be completed], NIF [to be completed], registered office at [to be completed], registered in [to be completed] (“BuenSpot”). Contact: the contact form.

The “venue” is the natural or legal person who, in the course of a business or profession, offers services to BuenSpot customers and accepts these terms. Whoever accepts on behalf of the venue confirms they are authorised to bind it.

The purpose is BuenSpot's online intermediation: publishing the venue's deals, selling vouchers in the venue's name and on its behalf, collecting the price, managing reservations where the deal provides for them, customer service and the monthly settlement with the venue.

The parties communicate by email at the address in the partner portal, through the portal itself or through the contact form. A message sent to the address the venue provided is deemed received.

• Platform: the website buenspot.com and BuenSpot's related services.
• Partner portal: the restricted area at /partner where the venue manages deals, reservations, redemptions, reviews, billing details and settlements.
• Deal: the offer of a service of the venue at a deal price, with its description, what is included, conditions, any costs on site, locations, validity period, stock and, where relevant, variants and price tiers.
• Deal price: the price per voucher the customer pays, in euros including IVA, before any BuenSpot promo code.
• Regular price: the price the venue normally charges for the same service, shown next to the deal price.
• Voucher: the customer's right to the service described in the deal, issued after payment with a BS-XXXX-XXXX code, a check digit and a signed QR code.
• Redemption: recording the voucher in the partner portal, by scanning or entering the code, when the service is provided.
• Customer: whoever buys a voucher on the platform or receives it as a gift.
• Commission: BuenSpot's fee for its services, calculated under clause 9.
• Settlement: the monthly statement listing the vouchers that became payable, the commission, the IVA on the commission and the amount paid to the venue.
• Specific agreement: a written agreement between BuenSpot and a particular venue that supplements or amends these terms.

The venue can apply through the form on for businesses. BuenSpot's sales team gets in touch to get to know the business and prepare the first deals.

BuenSpot reviews the venue before approving it. It may ask for documents on identity, activity, licences and, for accommodation, registration in the competent tourism register. BuenSpot may refuse an application, giving reasons.

The contract is formed when the venue accepts these terms online on activating its access to the partner portal, or signs a specific agreement that refers to them. Until BuenSpot approves the venue, it cannot publish deals or redeem vouchers.

Where there is a specific agreement, it prevails over these terms on the matters it expressly governs. Otherwise these terms apply.

BuenSpot acts as an online intermediary. The venue provides the service to the customer. The contract for the service is between the customer and the venue.

The venue instructs BuenSpot, and BuenSpot accepts, to sell vouchers in the venue's name and on its behalf and to collect the price from the customer. Payment to BuenSpot discharges the customer towards the venue.

BuenSpot is the customer's point of contact for purchase, payment, voucher, withdrawal, refunds and complaints. The venue is responsible for performance, quality, safety, allergen information and compliance with the rules for its activity.

BuenSpot holds the amounts collected until settlement under clause 10. No interest accrues to the venue on these amounts.

Neither party is an agent, employee, partner or general representative of the other, except for the mandate in this clause.

The venue prepares each deal in the partner portal, with help from the BuenSpot team if it wishes. The venue is responsible for the information being complete, accurate and not misleading.

A deal goes live only once the BuenSpot team has approved it and the venue's owner has agreed to the final version. The same applies to changes BuenSpot proposes.

A change to a live deal is a proposal. The deal keeps its current content until the other party approves the change. Vouchers already sold keep the conditions in force at the time of purchase.

BuenSpot may adapt the format, wording, translation and presentation of a deal to the platform, without changing the essential conditions the venue approved. BuenSpot may refuse to publish a deal or take it offline, giving reasons, under clause 20.

The venue can remove a deal in the portal. A deal without sales disappears. A deal with sales or reservations goes offline and the vouchers sold remain valid until their end date.

The venue warrants and undertakes to:

• State as regular price the price it genuinely charges for the same service, and not advertise misleading discounts, in line with article 20 TRLGDCU and the rules on unfair commercial practices. The venue must be able to prove this at BuenSpot's request.
• Hold all licences, permits and insurance its activity requires, and keep them valid throughout the contract.
• For tourist accommodation, be registered in the competent tourism register, such as the Registro de Turismo de la Comunitat Valenciana, and provide the registration number so it appears on the deal.
• Give correct allergen information under Regulation (EU) 1169/2011 and answer customers' questions about allergens on site.
• Comply with the rules on hygiene, food safety, safety of the premises and risk prevention for its activity.
• Hold suitable civil liability insurance and prove it at BuenSpot's request.
• State in the deal, before purchase, all costs the customer must pay on site, such as supplements, deposits or any applicable tourist tax. The customer pays no cost that is not in the deal.
• Keep available the hojas de reclamaciones (complaint forms) and notice required by consumer law, such as Ley 1/2011 of the Comunitat Valenciana.
• Treat voucher customers the same as other customers in quality, quantities, service, hours and location, unless the deal says otherwise.
• Accept every valid voucher and provide the service until its end date, also when the deal is no longer online.
• Apply IVA and other taxes on its services correctly.
• Keep locations, opening hours, availability and contact details up to date in the portal.
• Tell BuenSpot without delay of anything that prevents or hinders performance, such as a temporary closure, renovation or change of ownership.

Where the deal uses BuenSpot's reservation system, the venue sets in the portal the capacity, the available time slots or nights, the booking horizon and the free cancellation period. If no other period is set, it is 24 hours before the start.

The venue offers reasonable and genuine availability throughout the validity of the vouchers, in proportion to the vouchers sold. It does not systematically block dates to prevent vouchers from being used.

The venue may cancel a confirmed reservation only for a valid reason, such as force majeure or closure, stating the reason in the portal. The voucher then remains valid and the venue offers the customer a reasonable alternative.

If the customer does not show up or cancels late, the venue may release the slot. The voucher follows the rules of the deal.

Where the deal says the customer books directly with the venue, by phone or on its website, the venue handles those bookings with the same care.

The venue redeems each voucher in the partner portal, with the scanner or by entering the code, when it provides the service. Each voucher can be redeemed only once.

Before redeeming, the venue checks that the voucher is valid, has not expired and belongs to the deal and, where relevant, the reservation. It may ask for reasonable identification where the deal requires it, for example for age.

The venue never redeems a voucher without providing the service. Improper redemption may lead to the amount being removed from the settlement, suspension and termination of the contract.

An unredeemed voucher cannot be settled as redeemed. The venue does not give cash or another service in exchange for a voucher unless BuenSpot agrees.

For its services BuenSpot receives a commission of 25 %, unless the specific agreement sets a different percentage.

The commission is calculated on the full deal price, including IVA, of each payable voucher. A BuenSpot promo code does not reduce this base: BuenSpot bears the discount.

In each settlement, the commission is the agreed percentage of the sum of the deal prices of the vouchers in that settlement, rounded to the cent. IVA at 21 % is added to the commission, also rounded to the cent.

The venue receives the sum of the deal prices, minus the commission and minus the IVA on the commission. Example: for a €40.00 voucher at 25 % commission, the commission is €10.00, the IVA on the commission €2.10 and the venue receives €27.90.

An agreed change of percentage applies to settlements not yet approved. Approved or paid settlements keep the percentage they were approved with.

The venue pays no sign-up fee, fixed fee or transaction fee for the sale, unless the specific agreement provides otherwise.

BuenSpot settles with the venue once a month. On the first day of each month it prepares the settlement for the previous calendar month, in Spanish time.

A voucher becomes payable when it is redeemed or when it expires unused. Each voucher is in exactly one settlement. A voucher that becomes payable after the month's settlement has been approved goes into the next one.

Withdrawn vouchers and vouchers refunded to the customer are not settled. Nor are amounts BuenSpot refunds to customers with an unused voucher after the venue closes or the partnership ends.

If a voucher already settled has to be refunded for a reason attributable to the venue, BuenSpot may set off the amount against the next settlement, after informing the venue under clause 12. If later settlements are insufficient, the venue repays the amount within the period BuenSpot indicates.

BuenSpot checks and approves each settlement. The venue can see them under billing. The invoice is issued through BuenSpot's accounting software (Odoo). The net amount is paid by SEPA transfer to the account the venue provided, within the period stated in the settlement or the specific agreement and within the limits of Spanish Ley 3/2004 on late payment where it applies.

The venue keeps its legal name, NIF, IBAN, billing address and billing email complete and correct in the portal. Without these details BuenSpot cannot approve or pay the settlement and the amount remains pending until they are completed. BuenSpot is not liable for delays or wrong payments caused by incorrect details.

The venue may raise comments on a settlement within 30 days of it being available in the portal. Without comments within that period, the settlement is deemed accepted, except for clerical errors.

The venue is responsible for IVA and other taxes on the services it provides, and for its invoicing obligations towards the customer where they apply.

BuenSpot charges IVA on its commission, shown on the commission invoice.

The parties apply to vouchers the IVA treatment that follows from Spanish Ley 37/1992, in particular its rules on single-purpose and multi-purpose vouchers, and to invoicing Real Decreto 1619/2012. If the rules or the Agencia Tributaria require another way of invoicing or documenting the transactions, including self-billing by BuenSpot in the venue's name, the venue agrees to this now and will cooperate in the change. Self-billing takes place only with the prior agreement required by article 5 of Real Decreto 1619/2012.

Each party bears the taxes the law places on it. If an authority claims from one party a tax that falls on the other, the other party indemnifies it.

The customer may withdraw from the purchase of an unredeemed voucher within 14 calendar days of payment without giving a reason, under BuenSpot's terms and conditions. BuenSpot grants this right for all vouchers. Withdrawn vouchers are not settled to the venue.

If the venue closes or ends the partnership, the customer may ask for a refund of every unused voucher. Those amounts are not settled to the venue.

BuenSpot handles customer complaints and may ask the venue for information about the facts. The venue answers within 2 working days, so BuenSpot can reply to the customer in time.

If a customer complains that the service was not provided or not provided as described in the deal, BuenSpot hears the venue first. If the complaint is justified, BuenSpot may refund the customer in full or in part and deduct that amount from the settlement or set it off under clause 10. BuenSpot gives the venue its decision with reasons.

The venue also handles complaints made directly on its premises or through hojas de reclamaciones, and tells BuenSpot about those concerning voucher customers.

Only customers with a redeemed voucher can post a review. BuenSpot publishes every genuine review, negative ones too, under its review policy.

The venue cannot have a review removed because of a low score. It can only report a review that breaches the policy, for example because it is offensive, contains personal data, is not about the visit, is spam or is unlawful.

The venue can reply publicly to each review through the portal, respectfully and without the customer's personal data.

The venue offers no payment, discount or benefit for reviews and posts no fake reviews about itself or others.

The venue supplies photos, texts, logos and other content for its deals. It warrants that it owns the rights or may use and license them, and that their use does not infringe third-party rights, including the image rights of people shown.

The venue grants BuenSpot a non-exclusive, royalty-free, worldwide licence for the term of the contract to reproduce, adapt, translate, communicate and distribute that content on the platform, in newsletters, on social media and in other channels promoting the deals. BuenSpot may keep using the content for deals already sold and in archives for as long as needed.

BuenSpot reviews photos before they go online. It may crop, frame and adapt them to the platform's format, and refuse them if they do not meet its quality requirements or the law.

Photos and texts BuenSpot creates itself belong to BuenSpot. The venue may use them outside the platform only with written permission.

The venue allows BuenSpot to use its trade name and trademarks to show and promote its deals during the contract. The venue may use the BuenSpot brand only with prior permission and in line with BuenSpot's guidance.

The partnership is not exclusive unless agreed otherwise in writing. The venue may offer its services through other channels and on other terms. BuenSpot imposes no prices or conditions for other channels beyond those the venue freely chooses.

BuenSpot may work with other venues, including competitors of the venue.

Under article 5 of Regulation (EU) 2019/1150, BuenSpot explains the main parameters that determine the order of deals on the platform:

• Relevance and location: the chosen city, the category, the customer's search and, if the customer allows it, the distance.
• Popularity: recent sales and interest.
• Discount: the difference between the regular price and the deal price.
• Rating: the average score of published reviews.
• Price.
• New: the date the deal was published.

The customer can change the order with the available sorting options. The relative weight of each parameter depends on the order chosen.

It is not currently possible to pay for a better position. If BuenSpot later offers a featured position for payment, it will describe it in these terms before it applies.

BuenSpot gives no different treatment to its own deals or to venues linked to BuenSpot.

BuenSpot is the controller of the personal data it processes on the platform, such as accounts, orders and payments, under its privacy policy.

For each voucher or reservation the venue receives the customer's name, the number of people, the date, the voucher code and, if the customer gave them, the phone number and comment. The venue processes this data as an independent controller, only to provide the service and meet its legal obligations, under the GDPR (Regulation (EU) 2016/679) and Spanish Ley Orgánica 3/2018.

The venue does not use this data for marketing messages without the customer's consent, does not pass it to third parties except where the law requires and applies appropriate security measures. It handles customers' requests about the data it processes and tells BuenSpot of any data breach involving data from the platform.

The parties process the details of their contact persons only to manage the partnership, on the basis of legitimate interest.

Under article 9 of Regulation (EU) 2019/1150: the venue has access in the portal to its deals, sales, vouchers, redemptions, reservations, reviews and settlements, and to the customer data in this clause. BuenSpot has access to all platform data and uses it to provide and improve its services. BuenSpot does not give a venue data about other venues and does not sell personal data. After termination the venue may ask for a copy of its settlements during the legal retention period.

Each party keeps confidential the non-public information of the other that it learns through the partnership, such as commercial terms, the agreed commission, sales figures and technical details of the portal.

This does not apply to information that is public through no fault of the recipient, that the recipient already lawfully knew or that must be disclosed by law or by order of an authority.

Confidentiality continues for two years after the contract ends.

The venue is liable for providing the service and for damage it causes to customers or third parties. It indemnifies BuenSpot against claims, fines and reasonable costs, including legal fees, arising from its service, a breach of these terms, inaccurate information in its deals, an incorrect regular price or content that infringes third-party rights.

BuenSpot is liable for properly providing its intermediation services. BuenSpot does not guarantee a minimum number of sales or uninterrupted availability of the platform.

BuenSpot's total liability to the venue under the contract is limited to the commission BuenSpot received from the venue in the 12 months before the event giving rise to liability. BuenSpot is not liable for loss of profit or indirect damage.

These limits do not apply in case of wilful misconduct or gross negligence, or where the law does not allow liability to be limited. Nor do they limit BuenSpot's obligation to pay settled amounts.

BuenSpot may restrict or suspend a deal or the venue's account where there are objective grounds, in particular: a breach of these terms, signs of fraud or improper redemption, a regular price that cannot be proven, justified and repeated customer complaints, missing mandatory licences or registrations, or unlawful content.

Under article 4 of Regulation (EU) 2019/1150, BuenSpot gives the venue, on a durable medium and before or when the measure takes effect, the facts and reasons for the restriction or suspension. The venue can clarify the facts through the internal complaint system in clause 23. If the measure is no longer justified, BuenSpot lifts it without delay.

BuenSpot may terminate the contract with 30 days' notice, giving reasons on a durable medium. It may terminate without notice where a legal obligation or an order of an authority requires it, or where the venue has committed serious or repeated breaches, such as fraud, redeeming without providing the service, risks to customers' safety or health, or repeated breach of these terms. In that case too it gives reasons.

The venue may terminate the contract at any time from its profile or in writing. BuenSpot recommends giving 30 days' notice so customers can be properly informed.

When the contract ends, for whatever reason:

• The venue's deals go offline and open reservations are cancelled.
• BuenSpot informs customers with unused vouchers. They can ask for their money back from their order. Those amounts are not settled to the venue.
• If the venue stays in business, it provides the service to customers who present a valid voucher until its end date, unless the customer has already been refunded. Those redeemed vouchers are settled under clause 10.
• BuenSpot settles outstanding redeemed or expired vouchers in the next settlement.
• Clauses that by their nature survive remain in force, in particular those on settlement, taxes, liability, confidentiality, data protection and governing law.

Under the Digital Services Act (Regulation (EU) 2022/2065), anyone can report content they consider unlawful to BuenSpot through the contact form, which is also the point of contact for authorities and users.

If BuenSpot removes or restricts the venue's content, it sends a statement of reasons with the measure, the facts, the legal or contractual ground and the available means of redress.

BuenSpot may change these terms. It notifies the venue of changes on a durable medium at least 15 days before they apply, or longer where the change requires significant technical or commercial adjustments.

Within that period the venue may terminate the contract with effect before the changes apply. If it does not, or if it publishes a new deal, it accepts the new terms.

The notice period does not apply where a legal obligation requires a faster change or where the change is needed to address an unforeseen and imminent danger, such as fraud or a security risk.

Changes have no retroactive effect. A commission set in a specific agreement can only change by agreement of the parties.

BuenSpot offers a free internal complaint-handling system for venues, under article 11 of Regulation (EU) 2019/1150. The venue can complain about a failure by BuenSpot, technical problems with the platform or any measure BuenSpot took concerning it, through the contact form or the partner portal.

BuenSpot examines each complaint carefully and in proportion to its importance and complexity, and communicates the outcome individually and in clear language. BuenSpot publishes yearly information on how this system works where the law requires it.

Under article 12 of Regulation (EU) 2019/1150, BuenSpot is willing to try to resolve disputes through mediation. The designated mediators are: [mediator to be determined]. Mediation is voluntary and does not prevent going to court. BuenSpot bears a reasonable share of the costs.

The contract runs for an indefinite period from its formation and ends under clause 20.

Neither party may assign the contract without the other's consent, except BuenSpot to a company in its group or to the acquirer of its business, after notifying the venue.

If a clause is void, the others remain in force and the parties replace it with a valid one whose effect is as close as possible.

Not exercising a right does not mean waiving it.

The contract is governed by Spanish law.

Disputes are submitted to the courts of the city of the registered office of [to be completed], waiving any other jurisdiction, without prejudice to the mediation in clause 23 and to mandatory rules of jurisdiction.