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The circle

SUBSCRIPTION AGREEMENT

INVOLVED

MACNA AGENCY GROUP, S.L., a trading company with registered office at Calle Juan Ramón Jiménez S/N, Bajo 6, 29601, Marbella, Málaga (Spain) and CIF B-05322078, with contact email address: info@macnaagroup.com. Hereinafter “the Provider”.

The second, in his own name and representation. Hereinafter “the Client”.

Both parties acknowledge that they have sufficient capacity to execute this SUBSCRIPTION AGREEMENT, based on the following:

CLAUSES

1. OBJECT OF THE CONTRACT

The purpose of this contract is to regulate the subscription for obtaining advantageous prices on accommodation bookings provided by the Supplier to The Circle.

2. DURATION OF THE CONTRACT

The subscription contract will have a minimum duration of one (1) year from the date of its signing. If, after the initial annual term of this agreement, the Client does not communicate his express intention not to continue the subscription to the online accommodation booking service, the contract will be automatically extended for a further year under the same conditions.

3. PAYMENT TERMS

The Client undertakes to pay the Provider the amount set out above in the manner determined on the subscription sheet, in accordance with the type of subscription selected above, either in a single payment or on a monthly basis, provided that this has been chosen by the Client. Payment will be made by card or direct debit, according to the option selected by the Client.

4. DATA PROTECTION

The Provider undertakes to comply with the regulations in force in the Spanish jurisdiction on the protection of personal data, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Regulation) of data protection). The Client’s personal data will be processed by the data controller MACNA AGENCY GROUP, S.L., for the purpose of managing the contractual relationship and will not be transferred to third parties without the prior consent of the Client, except for transfers within the MACNA AGENCY GROUP, S.L. business group.

The processing of the data is carried out on the basis of your consent in accordance with Article 6 of the General Data Protection Regulation. Likewise, said data will be kept for the maximum legal period established. The interested party may exercise their rights of access, rectification, deletion, limitation of processing, opposition and portability at any time by means of a request addressed to info@macnaagroup.com. If you consider that your rights have been violated, you may also file a complaint with the AEPD (www.aepd.es).

By signing this document, the interested party declares that they have been informed about the processing of their personal data in accordance with current regulations.

5. DISPUTE RESOLUTION

In the event of any dispute or disagreement arising in connection with this contract, the parties agree to attempt to resolve it amicably. If no agreement is reached, the parties will submit to the jurisdiction of the courts of Marbella, Malaga (Spain).

6. OBLIGATIONS OF THE SUPPLIER

The Supplier undertakes to provide access to the online booking service for accommodation and to keep the service operational for the duration of the contract, except in cases of scheduled maintenance or force majeure.

7. OBLIGATIONS OF THE CLIENT

The Client undertakes to use the subscription service to obtain advantageous prices on accommodation bookings in accordance with the terms and conditions established by the Supplier and not to take actions that may damage or interfere with the operation of the online accommodation booking service.

8. TERMINATION

The contract may be terminated by either party by written notice to the Supplier or through the online booking service of subscription accommodations, before the 15th day of the month (day inclusive), after the year of validity of the subscription referred to in article 2. In the event that the subscription is terminated after the first 15 days of the month, it will be understood that the subscription is cancelled by the Customer for the second following month, but must be paid for the month immediately following.

At the same time, the Provider’s power to terminate the subscription contract due to the Client’s failure to comply with the obligations established in this contract is recognized, expressly recognizing the Provider’s power to terminate the contract when the payment of the subscription is unsuccessful according to the means of payment specified by the Client without satisfying the monthly payment or periodicity contracted.

9. GENERAL TERMS AND CONDITIONS OF THE CONTRACT

The general terms and conditions of the contract and the terms and conditions established by the Supplier are considered an integral part of this contract, as well as the terms and conditions of the Supplier. The Client declares to have read and accepted them, being annexed to this contract.

10. GOVERNING LAW

This agreement shall be governed by and construed in accordance with the laws of Spain.

11. CONTACT

The Client allows the electronic address and/or telephone number specified in the subscription form to be used for the purpose of making communications between the Client and the Provider.

The Provider and other persons in its corporate group are entitled to contact the Customer in order to offer offers and promotions related to the subscription service. The right to communicate with the Client by the Supplier and other persons in its business group shall exist until there is express communication from the Client not to receive commercial shipments.

12. LANGUAGE

This contract is signed in its Spanish, English and French versions, with the Spanish version prevailing over the interpretation of any other language.

TERMS AND CONDITIONS

1. By completing the Booking, the Client accepts these Conditions and any other provisions that the Customer has provided during the booking process.

2. If an authority considers that some of these conditions are not in accordance with the law, the remaining conditions shall continue to apply. In the event of any discrepancy between the general and specific terms, the specific terms shall prevail.

4. The original version of these Terms is the English version. If any claim is made in connection with the Terms, or in the event of a discrepancy between the Spanish Terms and the version in any other language, the Spanish version of the Terms shall prevail.

5. Definitions:

• “Client”: means the provider of the services of the main contract.
• “Platform”: means the online booking service for accommodation: The Circle.
• “Supplier”: means MACNA AGENCY GROUP, S.L.
• “Service Provider”: means the host entity.

A. ABOUT MACNA AGENCY GROUP, S.L.

1. When an accommodation, flight or tourist attraction is booked, MACNA AGENCY GROUP, S.L., is the provider and responsible for the Platform, but not for the Travel Experience itself.

2. Work with companies that offer local support services (e.g., customer service or account management). They don’t:

• control or manage the Platform;
• they have their own platform;
• enter into a legal or contractual relationship with the Client;
• they offer Travel Experiences;
• do not represent or enter into contracts or accept legal documents on behalf of the Supplier;

B. THE PLATFORM

1. The Provider obtains information from the Service Providers and cannot guarantee that all content is accurate. However, in offering the Platform, you take reasonable precautions and act with professional diligence. Unless you have not done so or acted negligently, you assume no liability for errors, interruptions or lack of information.

2. The Provider continuously works to improve the experience of the Customers. For this reason, there are occasions when different designs, phrases, products, etc., are shown to different people to know their reaction. For this reason, it is possible to find some services or conditions when visiting the Platform.

3. The Platform does not imply the recommendation or approval of any Service Provider or its products, services, facilities, vehicles, etc.

4. The Client may have to create an Account in order to proceed with the subscription and/or accommodation reservation is admitted. The Client is solely responsible for everything that happens to their account or passwords, exempting the platform or the Provider from any liability.

5. The offers that the Client has available in the language (which the Provider believes to be) suitable for him will be displayed. However, you can change it at any time.

6. The Client declares that he or she is over 18 years of age.

C. OUR VALUES

1. The customer agrees to:

• Abide by the Values of MACNA GROUP AGENCY, S.L.;
• Comply with all applicable laws;
• Cooperate in any anti-fraud/anti-money laundering controls that the Supplier needs to carry out;
• Not to use the Platform to cause damage or make false Bookings;
• Use the Travel Experience and/or our Platform for its intended purpose;
• Not to cause injury or damage and not to behave inappropriately towards the Service Provider’s personnel (or anyone, for that matter).

D. PRICES

1. When you make a Booking, you agree to pay the cost of the Travel Experience, including all fees and taxes that may apply.

2. Some of the prices may have been rounded to the nearest whole number. The price paid by the Client will be based on the original price, not the rounded price.

3. Errors and obvious typos are not binding. For example, if a night is booked in a luxury suite that was mistakenly offered at €1, the reservation can be canceled. In this case, the customer will be refunded any amount previously paid.

4. A strike-through price indicates the price of an equivalent Booking without the price reduction applied (“equivalent” means same dates, same conditions, same quality of accommodation/car/class of travel, etc.).

E. PAYMENT

1. For some products and services, the Supplier may require an Advance Payment and/or a payment made during the Travel Experience.

• If the Provider is responsible for handling the payment, they will be responsible for handling the payment and ensuring that the transaction with the Service Provider is completed. In this case, the payment that constitutes the final settlement of the “due and payable” price.
• If the Service Provider is also responsible for charging, they will generally do so in person at the start of your Travel Experience, but this may also be done, for example, via credit card at the time of booking or at the time of check-out of the Accommodation. This depends on the Service Provider’s Prepayment terms communicated to you during the booking process.

2. In the event that the monthly or annual cost of the subscription has not been paid, the Provider may suspend the subscription service to the Client from the month for which the monthly payment is not paid, and the service may be reactivated at the time of payment of the monthly payment or annuity. The fact that the Website is continued to be used by the Client does not imply their right to benefit from the discounts provided by the Website in the event of non-payment of the corresponding payment at the time of use.

3. If the Supplier requires an Advance Payment, it may be charged or pre-authorised at the time of Booking, and may be non-refundable.

4. If your payment method is denominated in a currency other than the currency of the payment, you may be charged additional fees by the bank or payment method provider (or its payment service providers) and the Provider is not responsible for such charges.

5. If you become aware of any fraudulent behaviour or unauthorised use of your Payment Method, the Customer should contact the payment provider as soon as possible.

6. The Provider is authorized to store your Payment Method data for future transactions once the Customer’s consent to do so is obtained.

F. CONDITIONS

1. When a Booking is made, you agree to the applicable conditions displayed during the booking process.

2. If a Booking is cancelled or the Client is not shown, the cancellation or no-show charges, as well as any refund, will depend on the cancellation and no-show conditions of the Service Provider.

3. Some Bookings cannot be cancelled free of charge, while others can only be cancelled free of charge before a specific deadline.

4. If a Travel Experience is booked for prepayment (including all components of the price and/or a damage deposit, if applicable), the Service Provider may cancel the Booking without notice if it is unable to collect the balance by the date specified. In the event of cancellation, any non-refundable payment that has been satisfied by the Customer will be refunded at its sole discretion. It is the Customer’s responsibility to ensure that payment arrives on time (that your bank, debit card or credit card information is correct and that sufficient funds are available).

5. If the Client believes that it will not arrive on time, it must contact the Service Provider and indicate when it will be able to arrive. It is your responsibility to make sure you arrive on time. If you fail to do so, the Provider is not responsible for any associated costs.

6. The person making the Booking is responsible for the actions and behaviour (in relation to the Travel Experience) of each person in their party. It is also responsible for obtaining your permission before providing the Provider with your personal data.

G. INSURANCE

1. The Supplier is declared not responsible for any travel insurance taken out by the Client, including those taken out thanks to the booking platform.

H. INTELLECTUAL PROPERTY RIGHTS

1. Unless otherwise stated, all rights to the Platform (technology, content, trademarks, look and feel, etc.) are owned by MACNA GROUP AGENCY, S.L., (or its licensors) and, by using the Platform, the Client agrees to do so only for the intended purpose and respecting the requirements set forth herein.

2. You may not monitor, copy, scrape/track, download, reproduce or use anything on the Platform for any commercial purpose without the written permission of the Provider.

3. The Provider is not responsible for any images uploaded to the Platform and may remove any images at its discretion.

I. LIMITATIONS OF LIABILITY

1. If the Customer breaches these Terms and/or the Terms of the Service Provider, the Provider shall not bear any costs incurred by the Customer as a result.

2. The Provider assumes no responsibility for:

• damages that were not reasonably foreseeable at the time of making the Booking or entering into these Terms; or
• any situation beyond your reasonable control.

3. The Provider does not make any promises about the products and services of the Service Providers, other than what we expressly state in these Terms.

4. For clarification purposes, the parties to these Terms are the Supplier and the Client. Nothing in these Terms shall confer any rights on any third party other than the Service Provider in respect of anything.

J. APPLICABLE LEGISLATION AND JURISDICTION

1. These Terms and Conditions shall be governed by Spanish law. And they are submitted to the courts and tribunals of Marbella (Malaga-Spain).

K. MODIFICATION CLAUSE

1. The Supplier may make changes to these Terms. Where such changes are material, it shall provide notice in advance of their entry into force, unless the changes are required under applicable law.

2. If the Client does not accept the changes, please do not use the Platform. Failure to do so will mean that you accept the revised Terms if you continue to use the Platform.

3. Existing Bookings and contracts will continue to be governed by the Conditions that applied when the Booking was made.

GENERAL TERMS AND CONDITIONS OF THE CONTRACT

1. SCOPE AND OBJECT OF APPLICATION

These general terms and conditions regulate access to and use of the online booking platform provided by the Supplier.

By using the platform, the Client accepts these general conditions. If the Client does not agree, he must not use the platform.

2. MODIFICATION OF THE CONDITIONS.

The Provider reserves the right to modify these general conditions. Modifications will be notified
to the Client 30 days in advance.

3. USE OF THE PLATFORM.

The Client undertakes to use the platform diligently and in accordance with the law, morality and
public order.

4. INTELLECTUAL PROPERTY.

All intellectual property rights in the platform and its contents belong to the Provider. The
Customer does not acquire any rights to them, except for the right of use in accordance with
these conditions.

5. DATA PROTECTION.

The Provider will process the Client’s personal data in accordance with current data protection
regulations, including the General Data Protection Regulation (GDPR).
The Provider’s right to process and transfer the Client’s data and information exclusively within
its business group is recognized.

6. LIMITATION OF LIABILITY.

The Provider shall not be liable for any damages that may arise from the use of the platform,
except in cases of intent or gross negligence.

7. DISPUTE RESOLUTION.

Any dispute arising in connection with these terms and conditions will be settled amicably. If no
agreement is reached, the parties will submit to the jurisdiction of the courts of Marbella, Malaga
(Spain).

8. PARTIAL NULLITY.

If any provision of these general conditions is declared invalid, the other provisions will remain
valid.

9. GOVERNING LAW.

These general conditions shall be governed by and construed in accordance with the laws of
Spain.