Terms and conditions
Terms and conditions
1. Identification.
1.1. Monumenta Tours Corp. (hereinafter, Monumenta), with EIN 42-3434282, tax address at Plaza 2655 Le Jeune Road, Suite 905, Coral Gables, Florida 33134, United States of America, and email address info@monumentatours.com, is the owner of the website located at the Internet address www.monumentatours.com and its accounts on social networks (hereinafter, Website).
1.2. Monumenta owns the following social media accounts:
WhatsApp
1.3. Any person accessing this Website (hereinafter, the User) declares that they have reached the minimum legal age required to give consent in relation to information society services. Otherwise, the User must refrain from accessing this Website. Markdown pegado
2. Purpose.
2.1. These Terms and Conditions are intended to regulate the relationship between Monumenta and the User regarding access to this Website and the electronic contracting of services consisting of the purchase of tickets (admission rights and complementary services) for the tours offered on this Website (hereinafter, the Services).
2.2. By accessing this Website or contracting the Services, the User expressly accepts all the provisions of these Terms and Conditions, the Privacy Policy and the Cookie Policy, as well as any specific conditions established for the use of certain services. If the User does not accept any of these provisions, they must refrain from accessing this Website and contracting the Services.
2.3. By accessing Monumenta's social media accounts, the User agrees to comply with their terms and policies:
WhatsApp
2.4. The User agrees to observe and comply with any legal provisions applicable to access to this Website or the contracting of the Services.
2.5. Monumenta reserves the right to change these Terms and Conditions at any time, and it is therefore the User's responsibility to review them before accessing this Website or contracting the Services.
3. Nature and scope of the provision of the service.
The nature of the contractual obligation undertaken by Monumenta varies depending on the execution model of the service selected by the User. For the purposes of determining the proper performance of the contract and the validity of any claim or dispute, the following arrangements are established:
3.1. Direct Performance Model (Delivery of Digital Assets: Tickets and Audio Guides).
For services whose main purpose consists of the delivery of admission tickets, audio guides or other digital resources directly by our company:
- Scope of the obligation: Monumenta's obligation is limited to generating and making such digital assets available to the User.
- Completion of the service: The service shall be deemed fully provided and the contract performed when the assets are sent through the digital channels provided by the User (email, SMS or instant messaging).
- Proof of performance: The dispatch records and delivery logs of our communication systems shall constitute full and reliable proof of delivery of the service, regardless of whether the User actually downloads or views the assets.
3.2. Management and Intermediation Model (Services with Tickets Delivered by Third Parties).
For services (guided tours, private visits or activities) where the physical delivery of admission tickets or the performance of the activity depends on a third party (guide, monument provider or external partner):
- Scope of the obligation: Monumenta's obligation is defined as an obligation of management and assurance. The service consists of: (i) processing the booking with the final provider, (ii) verifying that the information supplied by the User is suitable for formalizing the service, and (iii) issuing the booking confirmation.
- Completion of the service: Monumenta's service shall be deemed completed and duly performed when the "Booking Confirmation" is sent to the User.
- Release from liability following confirmation: Once the booking confirmation has been issued, the provision of physical tickets or the performance of the tour at the meeting point forms part of the operational process of the final service. Therefore, the User acknowledges that Monumenta has fulfilled its contractual commitment once the place has been secured and the confirmation has been communicated, and the bank charge may not be disputed due to incidents unrelated to such booking management.
3.3. Pre-contractual Information and Acceptance.
Before completing the purchase, the User has access to the full description of the contracted service, including the scope of Monumenta's obligations according to the selected model. Completion of the payment process implies express acceptance of these Terms and Conditions, and such acceptance shall be recorded in Monumenta's system as part of the transaction record.
4. Minors.
4.1. Minors are prohibited from contracting the Services.
4.2. Monumenta reminds Users responsible for minors that it is their sole responsibility to determine which services and content are or are not appropriate for the age of such minors, and that software programs are available to filter and block access to certain content and services.
5. Content.
5.1. The content made available to the User on this Website comes from both Monumenta's own sources and third parties.
5.2. Monumenta endeavors to ensure that the content is of the highest possible quality and reasonably up to date, but does not guarantee its usefulness, accuracy, completeness, relevance or currency.
5.3. The inclusion of content on this Website does not in any way constitute the provision of professional advisory services by Monumenta to the User.
5.4. Monumenta advises the User not to make decisions based on the information contained in the content of this Website without obtaining appropriate professional advice.
5.5. Monumenta reserves the right to change the content at any time.
6. Intellectual Property.
6.1. All content on this Website is owned by Monumenta or has been licensed to Monumenta by its respective owners and is duly protected by intellectual property laws (copyright and trademark rights).
6.2. Regardless of the purpose for which it may be intended, the total or partial reproduction, use, exploitation, distribution or commercialization of any content belonging to this Website requires Monumenta's prior written authorization in all cases.
6.3. Content not owned by Monumenta that may appear on this Website belongs to its respective owners, who are responsible for granting any authorization to third parties.
7. Use.
7.1. The User voluntarily and expressly accepts that use of this Website is in all cases at their sole and exclusive responsibility.
7.2. The User agrees not to engage in any conduct that could damage the image, interests or rights of Monumenta or third parties, or that could damage, disable or overload this Website, or in any way prevent its normal use.
7.3. Monumenta reserves the right to deny or withdraw access to this Website or to refuse the contracting of Services, without prior notice, on its own initiative or at the request of a third party, to Users who breach these provisions or any specific conditions established for the use of certain services.
7.4. The User must provide personal data in order to contract the Services. The User shall be responsible for providing truthful and lawful information. As a result of contracting the Services, the User may be provided with a password for which they shall be responsible and which they undertake to use diligently and confidentially.
7.5. The User agrees to make lawful, appropriate and responsible use of the content and services offered by Monumenta through this Website.
7.6. Monumenta reserves the right to remove any comments and contributions that violate respect for human dignity, are discriminatory, xenophobic, racist or pornographic, harm young people or children, public order or public safety, or which, in its opinion, are unsuitable for publication. In any event, Monumenta shall not be responsible for opinions expressed by users through forums, chats or other participation tools.
8. SPAM.
8.1. The User is strictly prohibited from collecting email addresses from this Website for the purpose of sending advertising or promotional communications that have not previously been requested or expressly authorized by their recipients.
9. Liability.
9.1. Monumenta shall take all actions within its power to ensure the proper functioning of this Website. However, given the nature of the Internet and the fact that the operation of this Website may depend on third-party intervention, Monumenta shall not be liable for any inconvenience caused to the User by its improper functioning.
9.2. Monumenta disclaims any liability arising from information published by third parties on this Website.
9.3. Monumenta assumes no liability whatsoever for third-party content to which the User is redirected from this Website.
9.4. If the User considers that this Website contains any content that may be unlawful, they must notify Monumenta by email at [EMAIL].
9.5. Given the nature of the Internet, Monumenta cannot guarantee the absence of elements that may cause alterations to its computer system or that of the User and therefore assumes no liability for damages of any kind that may arise from such alterations.
10. Contracting Process.
In order to formalize any booking, the User's prior express acceptance of the following conditions is an essential requirement for completing the purchase process:
- Accept these general Terms and Conditions.
- Accept the Cancellation and Refund Policy.
- Accept the Website and Contracted Services Use Policy.
- Confirm that they have read, understood and accepted the ticket delivery policy.
- Expressly accept that certain services do not allow cancellations or refunds.
These conditions must be accepted through an affirmative action (such as ticking checkboxes and/or clicking a confirmation button) during the purchase process. Without such explicit acceptance, the booking cannot be completed and shall not be considered valid.
10.1. Language and validity.
These Terms and Conditions are available in Spanish, English, French, Italian and German.
All bookings are subject to:
- Express acceptance by Monumenta.
- Actual availability of the selected service or product.
10.2. Booking process.
The User shall select the desired tourism service or product on the Website, indicating:
- The date and time of the activity.
- The number of participants, distinguishing between adults and children according to age.
Then:
- The User must complete a form with their personal details (full name, telephone number and valid email address).
- The User will be redirected to the payment gateway to select a payment method and complete the transaction.
- Before completing payment, the User must explicitly accept all the policies mentioned in section 10.
Once payment has been successfully completed:
- The User will receive a confirmation email containing the booking details.
- This email constitutes the binding contract between the User and Monumenta (hereinafter, the "Contract").
Monumenta reserves the right not to accept the booking in the event of:
- Errors in payment validation.
- Incorrect or incomplete information provided by the User.
- Failure to comply with the Terms and Conditions or any other applicable policy.
10.3. Obligation to complete personal details.
Before completing payment and formalizing the booking, the User must:
- Complete a mandatory form with the personal details of all members of the booking (first name, surname and any other required fields).
This step is mandatory and must be completed before the purchase is confirmed.
Admission tickets to the monument are issued in the holder's name, are personal and non-transferable, and will only be issued once this information has been provided in full and verified.
If the User provides incorrect, incomplete or false information, Monumenta shall not be responsible for the failure to issue the tickets or the inability to access the monument. In such cases, the User shall not be entitled to a refund, modification or admission.
Failure to submit the information within the specified timeframe and in the required manner entitles Monumenta to consider the service a "No-Show" for reasons attributable to the customer, with no right to a refund and without affecting the validity of the bank charge.
10.4. Ticket delivery.
10.4.1. Delivery timeframe.
Admission tickets to the monument will be sent to the email address provided by the User within the following timeframes:
- Up to 24 hours before the start of the booked activity.
- For bookings made less than 24 hours in advance, tickets may be sent up to 1 hour before the start of the activity.
When the tickets become available, you will receive your ticket by email and, for your convenience, we may also send it via WhatsApp and/or SMS. In addition, 24 hours before your visit, you will receive an automatic reminder through the same channels. This delivery policy is clearly communicated during the purchase process and must be expressly accepted by the User in order to formalize the booking. Delivery of digital services (tickets/audio guides) or booking confirmations shall be evidenced by the dispatch records (logs) of our communication platforms (Mandrill, WhatsApp, SMS), which constitute reliable proof that the service has been made available.
Tickets for in-person collection.
In certain cases, tickets will not be sent by email and must instead be collected in person at the meeting point specified in the booking confirmation. Information regarding the collection point, as well as the specific delivery conditions, is clearly detailed during the purchase process and in the confirmation email received by the User.
10.4.2. Final admission time.
To ensure availability, Monumenta may purchase tickets for a time different from the one initially selected, provided that it falls within a reasonable time window.
It is the User's responsibility to:
- Check the final time indicated on the tickets.
- Arrive on time.
Failure to attend at the assigned time does not entitle the User to a refund.
10.5. Responsibility for communications.
The User is responsible for:
- Providing a valid email address.
- Checking their inbox and junk/spam folder.
If an incorrect email address is entered or receipt is otherwise impossible, the booking shall be considered non-refundable. Monumenta shall not be responsible for errors arising from information provided by the User.
11. Payments.
11.1. The following payment methods are accepted for the Services:
- PayPal account
- Credit card via Stripe
- Google Pay
- Apple Pay
Users making any payment for the Services through PayPal accept the legal agreements governing PayPal services.
Users making any payment for the Services through Stripe accept the legal agreements governing Stripe services.
Users making any payment for the Services through Google Pay accept the legal agreements governing Google Pay services.
Users making any payment for the Services through Apple Pay accept the legal agreements governing Apple Pay services.
12. Prices.
12.1. Price transparency and composition.
The prices of the services offered on our Website include both admission tickets to monuments, museums or activities and additional value-added services that form an integral part of your experience.
These value-added services may include, among others:
- Audio guides.
- Guided tours.
- Personalized assistance during the booking process.
- Value-added services as part of the customer's purchasing experience.
- Ticket management and processing.
- Services associated with the payment process.
- Our company's own commercial margin.
All of this is offered as a comprehensive package designed to ensure a convenient, secure and personalized booking and visiting experience.
12.2. Display of prices.
Prices are shown in the currency selected by the User and include all applicable taxes or fees. The total price, including taxes and fees, will be clearly displayed to the User before completing the purchase.
12.3. Per-person prices and special conditions.
Unless expressly stated otherwise, the prices displayed on the Website for tickets, audio guides and guided tours are per-person prices. At certain monuments, prices may vary depending on the age of attendees (adult, child, senior, etc.). The User must select the total number of attendees and indicate the corresponding ages in order to view the final price of the booking.
12.4. Conditions for private tours.
For private tours, the base price displayed corresponds to one person. As the number of attendees increases, the final price is adjusted proportionally. It is the User's responsibility to correctly select the number of participants in the booking form in order to obtain the total amount.
12.5. Errors and changes.
All pricing and service information is subject to possible typographical or technical errors beyond Monumenta's control. If a pricing error is detected after purchase, Monumenta shall immediately notify the User, who may cancel the contract at no cost.
Monumenta reserves the right to change the prices of the Services at any time. In all cases, the applicable price shall be the price in effect at the time the booking is formalized.
13. Cancellation, Withdrawal and Refund Policy.
13.1. Services that include admission tickets to monuments, museums or audio guides.
- Once the purchase has been completed, cancellations, modifications and refunds are not permitted.
- This policy is clearly communicated during the purchase process and must be expressly accepted before completing payment.
- Admission tickets issued for the monument are final, issued in the holder's name and non-transferable.
Legal basis:
Pursuant to Directive 2011/83/EU, Article 16(l):
"The right of withdrawal shall not apply to contracts for the provision of services related to leisure activities if the contract provides for a specific date or period of performance."
Therefore, the User may not withdraw from the contract once the purchase of our services for a specific date has been completed.
Other conditions:
- Failure to attend or late arrival at the start of the activity does not entitle the User to a refund.
- Failure to carry the required identification documents (ID card, passport or other documents), where required by the monument, will result in denied admission without a refund.
- Admission tickets to the monument will only be issued using the complete and correct information provided by the User during the booking process.
Refund exceptions:
A refund of the amount paid will only be permitted in the following cases:
- Cancellation of the visit by the monument, provided that the monument itself issues or accepts the refund.
- Administrative errors attributable to the monument provider or to Monumenta's management.
In these cases, the amount will be refunded using the same payment method and will under no circumstances include any applicable management fees or commissions.
Claims and disputes initiated before the ticket delivery deadline:
The User acknowledges and accepts that admission tickets to the monument will be delivered up to 24 hours before the start of the booked activity, as stated during the purchase process, in the booking confirmation and in section 10.4 of these Terms and Conditions.
Therefore:
- Failure to receive the ticket before this deadline does not constitute a breach by Monumenta.
- Any claim or dispute initiated before the established delivery deadline shall be considered unfounded, as the User expressly accepted this policy when completing the purchase.
13.2. Services that do not include admission tickets to the monument.
For services that do not include admission tickets to monuments or museums or audio guides, the User has greater flexibility regarding cancellations and refunds.
- The User may cancel the booking for a full refund up to 24 hours before the start of the booked service.
- After this deadline, cancellations and refunds will not be accepted.
- In cases of force majeure (such as pandemics), a voucher for the amount paid will be offered, valid for 2 years and redeemable against any other service offered by Monumenta.
To cancel or modify a booking of this type, the User must notify Monumenta in writing at the following email address: [EMAIL]
14. User Obligations and Conditions of Access.
14.1. Mandatory personal data and named tickets.
Before completing the purchase, the User must truthfully and fully provide all personal data required for each member of the booking. Admission tickets to the monument are issued in the holder's name, are personal and non-transferable. They may not be used by anyone other than the persons whose details were correctly provided during the booking process.
14.2. Deadline for submitting personal data.
The User shall have a maximum of 30 minutes from the time of purchase to submit the required personal data. If the data are not received within this period, Monumenta does not guarantee the availability of admission tickets to the monument and the User shall not be entitled to a refund. Where appropriate, Monumenta may offer alternatives, but shall have no obligation to provide a refund.
14.3. Late, incomplete or incorrect submission of data.
If the User provides personal data after the specified deadline, or provides incomplete or incorrect data, Monumenta shall not be responsible for the failure to issue the tickets or the inability to access the monument, and the booking shall be considered non-refundable. Personal data may not be corrected, modified or changed after purchase, except for justified reasons expressly accepted by Monumenta before the tickets are issued.
14.4. Responsibility for the email address.
It is the User's sole responsibility to provide a valid and functional email address in order to receive the booking confirmation and admission tickets to the monument. Monumenta shall not be responsible if the User does not receive the tickets due to entering an incorrect email address, failing to check their inbox (including the spam folder), or any error beyond Monumenta's control. In such cases, the booking shall be considered non-refundable and shall not entitle the User to any reimbursement.
14.5. Personal and non-transferable use of tickets.
Admission tickets to the monument may not be resold, transferred, assigned or used by persons other than those specified in the booking. Access to the monument may require presentation of an identity document. Any discrepancy between the information on the ticket and the documentation provided will result in denied admission without entitlement to a refund.
14.6. No modification or transfer after purchase.
Under no circumstances shall changes to the name, date or time, or transfer of the booking, be permitted once the purchase has been completed. The only exception shall be an obvious error identified and reported before the tickets are issued, and always at Monumenta's discretion.
14.7. Defense against claims and disputes.
The User acknowledges and accepts that inability to gain admission resulting from failure to submit personal data, late or incorrect submission of personal data, or the use of an incorrect email address does not constitute a breach by Monumenta and does not entitle the User to a refund or a valid dispute. Any claim or dispute initiated on these grounds shall be considered unfounded under these conditions, which have been expressly accepted by the User.
15. Complaints.
15.1. If the User wishes to submit a complaint to Monumenta, they may send it to info@monumentatours.com.
15.2. To process a complaint, the User must provide their full name, contact email address and an explanation of the circumstances giving rise to the complaint. The User must also provide any supporting documentation or evidence they consider appropriate.
15.3. Monumenta shall respond to the User's complaint within a maximum period of one (1) month from receipt.
15.4. The User may also submit complaints to the relevant consumer protection authorities.
16. Applicable Law and Jurisdiction.
16.1. These Terms and Conditions are governed by the laws of the United States.
16.2. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions shall be submitted to the courts of the United States.
16.3. If the User resides outside the United States, the courts of the United States shall have exclusive jurisdiction over any dispute, controversy or claim arising out of or relating to these Terms and Conditions.
17. Contact.
17.1. To contact Monumenta, you may use the following means:
- Postal address: Plaza 2655 Le Jeune Road, Suite 905, Coral Gables, Florida 33134, United States of America.
- Email: info@monumentatours.com
Three points still need to be confirmed:
- Website, telephone number and email: send them to me and I will fill in the placeholders.
- Address: “Plaza” before the street number is unusual in a U.S. address. I have left it exactly as you provided it, but if “Plaza” is the name of the building, it could appear separately or at the end.
- Short name “Monumenta”: this is what I have used instead of “TWT.” If you prefer initials (“MTC”), I can change it.
Once the text is finalized, I can prepare a reference sheet using the “knowledge sheet” skill so that the project manager can review it and upload it to the knowledge base.