THESE TERMS OF USE (“TERMS”) ARE AN AGREEMENT BETWEEN YOU AND VACUCU (“VACUCU”) THAT GOVERNS YOUR RIGHT TO ACCESS AND USE THIS WEBSITE AND RELATED SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR ACCESSING OUR SERVICES. BY USING OR ACCESSING THIS WEBSITE OR THE RELATED SERVICES YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ASSENT TO THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR RELATED SERVICES. VACUCU CAN REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING, AND YOUR USE OF THIS WEBSITE AFTER SUCH CHANGE SIGNIFIES YOUR ACCEPTANCE OF THE CHANGED TERMS. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. Welcome to www.Vacucu.com (our “Website”). The Website is an online portal where individuals can request, search, and book sport activities and sport activities related services (“Activity Services”). The Website allows you to submit a “Request” for Activity Services. The Request containing the details of the proposed Activity services (type of activity, destination of activity, number of participants, dates, accommodation etc.). Vacucu communicates the Request to third party sport activity suppliers, schools (“Suppliers”) who have expressed a desire to obtain leads from Vacucu. The Supplier creates an offer proposition (“Offer”) based on the Request details and submits it on Vacucu, where the Offer will be visible on your profile. You will be also notified about every new Offer via email. All services provided by Vacucu to you by means of your use of the Website are hereafter referred to as the (“Service”). By using the Website or the Service, you agree to the following Terms:

1. Booking

1.1 We facilitate the processing and booking of sport activities and other travel related services (the "Activity Services"). We do not provide, own or run any Activity Services ourselves and in particular we do not provide, own or run any sport activities.

1.2 You confirm that you are of sufficient age to use the Vacucu lawfully, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of the Vacucu. You understand that you are financially responsible for all uses of the Vacucu by you and those using your log-in information.

1.3 When you make a booking using the Vacucu, you agree to enter into a contract for Activity Services and your contract for Activity Services (including sport activities) is with the Activity services provider (“Supplier”), not Vacucu, as we are only acting as agent for the Suppliers. It is the Supplier´s responsibility to provide you with the Activity Services. We are not responsible for the fulfilment of any booking made through the Vacucu or for the quality of any sport activity or any other travel related services that are booked.

2. Making bookings and payments

2.1 On making a booking, you will be required to pay a non-refundable deposit of 10% (being a part payment towards the total value of your booking). We collect this deposit for and on behalf of the relevant Supplier.

You will be responsible to the Supplier on arrival for payment of the balance of the cost of the booking made by you, together with any other payments for any additional services subsequently agreed with the Supplier and, where applicable, payment of the Supplier's service charges and taxes, pursuant to the terms and conditions of trade applied by such Supplier.

2.2 When a booking is confirmed we will issue the booking confirmation on behalf of the Supplier for each booking, but will not provide information about any charges for additional services. We will endeavor to ensure that the booking confirmation includes details of all taxes charged by the Supplier, in relation to which please see clause 17.6 below. We strongly recommend you check and confirm with the Supplier the precise terms and conditions upon which the Supplier makes the reserved service available to you upon receipt of the booking confirmation. The reference numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.

2.3 Vacucu uses a third-party payment processor (the “Payment Processor”) to process payments or credits, as applicable, in connection with your use of the Website. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Vacucu is not responsible for any errors by the Payment Processor or for any security breaches suffered by such entity. In connection with your use of the Service, Vacucu will obtain certain transaction details, which Vacucu will use solely in accordance with its Privacy Policy.

2.4 The deposit that you pay will be payable in the currency that you select as your "settlement currency" when making your booking. Where the Activity Service price was uploaded by the Supplier in a different currency, the deposit amount that you will be charged in your settlement currency will be calculated by converting the deposit price into your settlement currency using Vacucu standard exchange rates.

3. Cancellation and refund policy

3.1 Please see the Cancellation Policy for information regarding the cancellation of Activity Service (including sport activities).

4. Dangerous activities

4.1 Some of sport activities can be dangerous. Vacucu is not liable or responsible for loss or damage to any property or death or injury to any person during your stay at or during your transportation to and from any of the destinations.

5. Registration & account obligations

5.1 You are required to register with Vacucu in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

5.2 You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to:

(a) immediately notify Vacucu of any unauthorized use of your password or account or any other breach of security, and

(b) ensure that you exit from your account at the end of each session when accessing the Service. Vacucu will not be liable for any loss or damage arising from your failure to comply with this Section.

6. No responsibility for supplier or supplier services

6.1 Vacucu does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Supplier.

6.2 Vacucu takes reasonable commercial efforts to screen Supplier using reasonable background checks, reference checks and interviews. We also take reasonable steps to verify that Suppliers have obtained applicable state licenses. However, Vacucu does not independently verify information from third party sources or verification services. You are encouraged to verify to your own satisfaction that the Supplier has obtained the appropriate license, insurance and bonding requirements for your Booking. You acknowledge that Vacucu is not liable for misrepresentations or misleading or inaccurate information supplied by Suppliers or third party sources or verification services, and you release Vacucu from any liability in connection therewith.

6.3 Vacucu is not involved in the actual Activity Services Contract between you and the Supplier, in the event that you have a dispute with a Supplier, you release Vacucu (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes (“Dispute Liabilities”), as further provided in the Liability and Disclaimer provision below.

7. Liabilities and Disclaimers

7.1 In the event of a problem arising with your sport activity or other travel related services, you should contact the Supplier. If you have a problem with the booking that you have made via the Vacucu please contact us directly via contact@vacucu.com.

7.2 We are acting solely as agent on behalf of the Supplier and, as such, we are not a party to the contract between you and the Supplier for the provision of Activity Services (including sport activities) and we have no responsibility or liability to you in respect of the terms of that contract. For example, we are not responsible for:

(a) the accuracy or completeness of the descriptions of sport activities and other travel related services (including rates, availability, ratings, accommodation, etc. ) that are displayed on the Vacucu, or the quality or fitness for purpose of the sport activities and other travel related services that are or may be booked through the Vacucu;

(b) the fulfilment of a booking made through the Vacucu, including any acts or omissions of Suppliers, any cancellation of a booking by a Supplier for any reason whatsoever or any failure to provide all or any part of the booked service by that Supplier; or

(c) any error or failure in the making or recording of a booking which is due to any circumstances that are outside our control (such as a power failure,).

7.3 Neither we nor any of our directors, employees, affiliates or other representatives will be liable to you (or any member of your corporate group, your affiliates or any other person or party who has an interest in the booking) for: (i) indirect, punitive, special or consequential loss or damages, (ii) loss of data, income, profits, business, opportunity, reputation, goodwill or (iii) loss of or damage to property, in each case arising out of or in connection with the use of any information, products, services, facilities and/or the materials offered through the Vacucu, even if we have been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.

7.4 Our maximum aggregate liability to you (and any other party that has an interest in the booking) in relation to any booking made through us (whether in contract, tort or otherwise) shall be limited solely to the value of the deposit that has been paid for that booking. Prior to making a booking, you should ensure that you have reviewed the Supplier´s terms and conditions and that they are acceptable to you.

7.5 We have not visited all the Suppliers listed on the Vacucu and we do not carry out routine checks of Suppliers. The listing of any Activity Services (including sport activities) on the Vacucu is not and should not be taken as a specific recommendation from us or a representation that the Activity Services will be suitable for your purpose or that the Activity Services will be of any particular quality.

7.6 Save as otherwise set out in these Terms, and to the greatest extent permitted by applicable law, all representations, warranties and conditions, including those implied by statute or otherwise, are hereby excluded, including without limitation representations, warranties or undertakings about any of the services, facilities, information and/or materials on the Vacucu, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for a particular purpose. The Vacucu is provided strictly on an "as is" basis and, in particular, we do not warrant that the information published on the Vacucu will be error-free or that the Vacucu will be virus or bug-free.

7.7 Nothing in these Terms shall operate to exclude or limit liability arising out of: (i) fraud or fraudulent misrepresentation, or (ii) death or personal injury.

8. Credit & debit card security

8.1 We make reasonable efforts to ensure that all credit card and debit card transactions carried out via the Vacucu are secure. HOWEVER, if unauthorized charges appear on your credit card or debit card statement for any card used on the Vacucu at any time during or after you make your booking, conduct your transaction or disclose your card details on the Vacucu, Vacucu shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorized charges appear as a direct result of our negligence and subject to any statutory rights which you may have.

9. Intellectual Property Rights and Web-links

9.1 The information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos ("Materials") contained in the Vacucu are protected by copyright, trade marks, database rights, and any other intellectual property rights. The parties hereby agree that we or our licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. We grant you a limited, revocable, non-transferable, non-sublicenseable, license to use the Vacucu for your personal non-commercial purposes to access the Vacucu and make bookings in accordance with these Terms (the "Limited License"). Save in respect of exercising your Limited License, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials. Other than the Limited License, nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any license or right in or to the Materials.

9.2 The Vacucu may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents. The inclusion of hyperlinks on the Vacucu to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

9.3 The Vacucu is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on the Vacucu for any commercial or competitive purpose.

10. User generated content

10.1 Certain parts of the Vacucu may allow you or third parties to post content, reviews, messages, photos, materials or other items (these being "User Generated Content Features"). You are solely responsible for your use of such User Generated Content Features and use them at your own risk. By using any User Generated Content Features, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Vacucu any of the following:

(a) Any message, data, information, text, music, sound, photos, graphics, code or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, offensive, harassing, threatening, abusive, inflammatory, fraudulent, invasive of privacy or publicity rights or otherwise objectionable or inappropriate;

(b) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(c) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(d) Content that may infringe third parties privacy or data protection rights;

(e) Viruses, corrupted data or other harmful, disruptive or destructive files; or

(f) Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Vacucu, or which may expose us or our users to any harm or liability of any type.

10.2 We accept no responsibility and are not liable for any Content of any kind that is posted, stored or uploaded by you or any third party on the Vacucu, or for any loss or damage caused as a result thereof. As a provider of interactive services, we are not liable for any statements, representations or Content provided by users of the User Generated Content Features or other public forum. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through the User Generated Content Features, we reserve the right, and have absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Vacucu at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Vacucu at your sole cost and expense.

10.3 Any use of the User Generated Content Features or other portions of the Vacucu otherwise than in accordance with these Terms may result in, among other things, termination or suspension of your access to the User Generated Content Features and/or the Vacucu. In order to comply with an order of a court of competent jurisdiction or to protect our systems or users of the Vacucu, we may process and disclose any information held by us in relation to a user of the Vacucu who posts or uploads inappropriate or objectionable Content including, without limitation, their name, email address, IP address, usage history, and posted Content.

10.4 By posting or distributing Content to or through the Vacucu, unless we indicate otherwise, you:

(a) grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media whatsoever;

(b) represent and warrant that the Content that you post or otherwise distribute (i) complies with these Terms; (ii) is accurate and not misleading; and (iii) shall not expose us to any civil or criminal liability or otherwise materially adversely affect our business or reputation.

11. Reviews & feedback

11.1 You may be asked to review the Activity Services that you have received. We appreciate all feedback, but please note that the Supplier in question will have access to your review so that they can act on your feedback and make any necessary improvements. The Supplier will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.

11.2 Vacucu is also pleased to hear from its users, however you agree that we will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to us (“Feedback”), including via e-mails or telephone calls. Any such Feedback is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. By uploading or otherwise providing any Feedback to Vacucu, you hereby grant Vacucu, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Feedback, and you warrant that all “moral rights” in Feedback have been waived.

12. Special note for international use

12.1 Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Vacucu, including as it concerns online conduct and acceptable content.

13. Changes to terms

13.1 Vacucu reserves the right, in its sole discretion, to change the Terms under which the Website may be used by updating this posting, and your use after such change signifies your acceptance of the changed Terms. The most current version of the Terms will supersede all previous versions. Vacucu encourages you to periodically review the Terms to stay informed of our updates.

14. Choice of law

Vacucu is operated by a Spanish entity and this Agreement is governed by the laws of Spain.

15. Privacy policy

15.1 Please see our Privacy Policy for information regarding the collection and use of personal information from the Website.

15.2 Despite any representations concerning privacy, Vacucu reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages on the Website may include additional or different terms relating to the use of personal information collected from such areas or pages.

16. Online dispute resolution

16.1 The European Commission Online Dispute Resolution Platform is available at the following link here. Please note that we do not currently engage in alternative dispute resolution in connection with customer complaints.

17. General

17.1 These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail

17.2 Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.

17.3 The Terms constitute the entire agreement between you and Vacucu in relation to the subject matter of these Terms and supersedes any previous agreements or representations between the parties relating to the subject matter of this Agreement.

17.4 Our performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of the Vacucu or information provided to or gathered by us with respect to such use.

17.5 If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

17.6 While our terms require that Suppliers display prices which are inclusive of all value added and other additional taxes, the price displayed is ultimately the responsibility of the Supplier rather than ours. You acknowledge that we shall not have liability to you in respect of any attempt by Supplier to levy additional value added or other taxes on you at the point of payment as a supplement to the price displayed and your sole recourse in this regard will be against the Supplier.

Made with  in Barcelona, Spain. © Vacucu 2018