1. Purpose and parties

These terms govern the relationship between [RAZÓN SOCIAL DE LA PLATAFORMA], tax ID (NIT) [NIT DE LA PLATAFORMA], address [DOMICILIO DE LA PLATAFORMA] (the “Platform”, the xtravel.cloud site), and any natural person or legal entity that publishes listings on it (the “Advertiser”). They are read together with the Terms of use, the Privacy policy and the Request conditions.

The Platform is an advertising and showcase space. The Advertiser publishes its own listings for hotels, rooms, circuits, places or other tourism services (the “Listings”) and provides at its own risk the services it offers. Publishing a Listing creates no employment, partnership, representation or agency relationship between the Platform and the Advertiser.

2. Who can advertise

• Natural persons over 18 with legal capacity, and duly incorporated legal entities, that provide tourism services in Bolivia or about Bolivian destinations.
• Anyone acting for a company declares they have sufficient authority to bind it.
• The Platform may accept or reject a sign-up and may ask for verification documents. Acceptance is not a guarantee by the Platform about the Advertiser.
• A person or company whose account was closed for a serious breach may not open another without the Platform’s authorisation.

3. Advertiser declarations and warranties

On sign-up and each time it publishes or edits a Listing, the Advertiser declares and warrants that:

1. It holds a valid NIT and its identification details (legal name, NIT, address, contact) are true and it will keep them up to date.
2. Where its activity requires it under Law 292, General Tourism Law, and its regulations, it holds the registration with the tourism authority (the National Tourism Registry or the one that applies before the Vice-Ministry of Tourism) and the corresponding operating licences, and keeps them current. It undertakes to show its registration number in the Listing.
3. Where applicable, it holds a valid commercial registration and meets its tax and municipal obligations.
4. It owns the rights or holds a licence over the photographs, videos, texts, trademarks and other content it publishes, and their use on the Platform does not infringe third-party rights or the image rights of the people shown.
5. Prices are truthful, stated in the currency indicated, make clear whether taxes and charges are included, and contain no hidden costs. If a price changes, it will update it immediately.
6. The availability it advertises is real and it updates it diligently. It does not publish offers it cannot fulfil.
7. Its advertising is truthful, clear and not misleading, under Law 453, General Law of the Rights of Users and Consumers, and the applicable advertising rules. What the Listing offers binds the Advertiser.
8. It holds the licences, permits and authorisations its activities require (for example, transport, navigation, adventure activities, protected areas, communities or heritage sites) and the insurance that regulations or prudence require for the service and for travellers.
9. It complies with the tourism, consumer protection, safety, labour, tax and environmental rules applicable to its activity.

The Advertiser undertakes to give the Platform, when asked, the documents backing these declarations.

4. Prohibited content

It is forbidden to publish:

• False or misleading information, or information that induces error, about the service, price, availability, location, category, registration or licences.
• Photographs, videos or texts of third parties without the right to use them, or that do not depict the real service without marking them as indicative.
• Unlawful services, services without the permits the law requires, or services that endanger people, animals or natural and cultural heritage.
• Discriminatory, defamatory, sexually explicit or violent content, content that exploits minors, or content that incites hatred or crime.
• Personal data of third parties without their consent.
• False or paid reviews, ratings or assessments (see section 8), or content impersonating another Advertiser.
• Links or instructions that lead the traveller to pay outside channels the Advertiser identifies with its legal name, or to evade the Platform’s rules.
• Malicious code or any attempt to interfere with the site.

5. Review, suspension and takedown of Listings

• The Platform may review Listings before or after publication, but is not obliged to and does not individually verify all content.
• It may hide, reformat, suspend or remove a Listing, or suspend or close the account, when it has reasonable grounds to believe it breaches these terms, the law or third-party rights, or on an order of authority.
• Notice-and-takedown procedure. Anyone who believes a Listing is false, misleading, unlawful or infringes their rights may report it to [CORREO DE REPORTES DE LA PLATAFORMA]. The Platform will:
  1. Acknowledge receipt of the report within [N] business hours.
  2. Assess the report and, if the risk is obvious or serious, may hide the Listing immediately and provisionally.
  3. Notify the Advertiser of the reason and give it [N] business days to reply and provide evidence or correct the Listing.
  4. Decide and communicate its decision to the parties within [N] business days of the Advertiser’s reply or the expiry of the period.
• The Advertiser may ask for a decision to be reviewed by writing to [CORREO DE REPORTES DE LA PLATAFORMA] within [N] business days of receiving it.
• In cases of fraud, risk to people’s safety or an order of authority, the Platform may act without prior notice and will notify afterwards.
• The Platform may keep and hand over to the authorities the information that a rule or a competent order requires.

6. Labelling of paid or featured Listings

• Listings the Advertiser pays to feature, or whose position depends on a payment, will be shown with a visible label such as “Advertising” or “Featured”.
• The Advertiser may not hide or alter that label.
• The general ordering criteria (for example, relevance, rating, payment) will be described at [ENLACE O DESCRIPCIÓN DE CRITERIOS DE ORDEN].
• The Platform will visibly identify the Advertiser’s name and, where applicable, its NIT and tourism registration, in the Listing or in the confirmation of the request.

7. Traveller requests and personal data

• Traveller requests are sent through the Platform to the Advertiser. The Advertiser undertakes to answer them in good faith and in good time, within [N] business hours.
• From the moment it receives the data of a request, the Advertiser is an independent controller of that data and answers for its own compliance with the applicable data protection and privacy rules. The Platform is the controller of account and site data, as set out in its Privacy policy.
• The Advertiser will use the data only to answer the request and, if the traveller books, to provide the service and meet legal obligations. It will not use it to send unsolicited advertising nor sell, transfer or publish it.
• It will apply reasonable security measures, limit access to staff who need it, not keep the data longer than necessary and honour the data subject’s rights (access, rectification, deletion and objection).
• It will notify the Platform and the traveller without undue delay if it suffers a security incident affecting that data.
• The Platform may suspend the delivery of requests to an Advertiser that breaches this section.

8. Reviews and ratings

• Only people who have had a real experience or real interaction with the Advertiser may review it, according to the Platform’s controls.
• The Advertiser may not write reviews about itself or its competitors, nor request or pay for them in exchange for discounts, gifts or other advantages conditional on their being favourable, nor pressure, threaten or compensate a traveller to change or withdraw a review.
• The Advertiser may reply publicly and respectfully to reviews. It may not demand their removal for being unfavourable.
• The Platform may reject or remove reviews that breach these rules and the content rules in the Terms of use, and may sanction an Advertiser that manipulates them.

9. Service conditions and the Advertiser’s cancellation policy

• The Advertiser defines and publishes in its Listing, clearly and before the request or, at the latest, in the confirmation: included and excluded services, price and currency, payment methods and the cancellation, change and refund policies.
• Those conditions may not be abusive or waive rights the law grants consumers.
• If it does not publish its own policy, the minimums in the Request conditions apply.
• The Advertiser answers to the traveller for the service and issues the invoices or receipts that tax rules require.

10. Fees, billing and payments

• Basic publication of a Listing is [GRATUITA / CON TARIFA]. Paid services (for example, featuring Listings, positioning, plans or commissions) follow the fees in force: [TARIFAS], with periodicity [PERIODICIDAD].
• Fees and their periodicity are communicated to the Advertiser before it contracts the paid service, and include or clarify the applicable taxes.
• The Platform will issue each Advertiser the corresponding tax invoice or receipt, with the Platform’s NIT ([NIT DE LA PLATAFORMA]), under Bolivian tax rules.
• Payment methods and terms: [MEDIOS DE PAGO], due in [N] days. Late payment may suspend the paid services or the affected Listings.
• Fee changes are notified at least [N] days in advance and do not affect the period already paid.
• Unless the law provides otherwise or it is stated otherwise, payments for services the Platform has already provided are not refundable. [POLÍTICA DE REEMBOLSO DE TARIFAS]

11. Term and termination

• These terms apply from sign-up for an indefinite period.
• The Advertiser may close its account and Listings at any time and must honour requests already confirmed.
• The Platform may suspend or close the account with [N] days notice, or immediately in case of serious breach, fraud, risk to travellers or an order of authority.
• On termination the Platform removes the Listings, except for information it must keep by law. Pending payment obligations, data protection obligations, the licence in section 13 as regards reviews and records already generated, and the indemnity in section 12 survive.

12. Liability and indemnity

• The Advertiser answers for its Listings, for the services it provides and for any breach of these terms or of the law.
• The Advertiser will hold the Platform, its directors and its staff harmless against claims, penalties, damages and reasonable expenses (including reasonable legal defence) brought against them by third parties, including travellers and authorities, because of the Advertiser’s Listings, their content, the services it provides or its breach of these terms or of the law.
• This indemnity applies to the extent the law allows and does not cover damage caused by the Platform’s wilful misconduct or gross negligence.
• The Platform is not liable to the Advertiser for lost profits, lost sales or lost opportunities arising from interruptions, lawful suspensions or errors of the site, except for wilful misconduct or gross negligence and to the extent the law does not allow exclusion.

13. Content licence to the Platform

The Advertiser keeps ownership of its content. It grants the Platform a non-exclusive, worldwide, free licence, sublicensable only to its technical providers and limited to the time the Listing is published, to host, reproduce, adapt the format and size of, translate and display the content of its Listings on the site and in its promotion channels, and to operate and promote the Platform. It is revocable on removal of the Listing, except for what has already been distributed and cannot reasonably be withdrawn and what the law requires to be kept.

14. The Platform’s intellectual property

The Platform’s software, trademarks, design and own texts belong to it or its licensors. The Advertiser acquires no right over them and may not use the Platform’s brand in a way that suggests unauthorised endorsement, certification or association.

15. Changes to these terms

The Platform may update these terms. Significant changes will be notified to the Advertiser by email or in its dashboard at least [N] days in advance. If it disagrees, it may close its account before they take effect. Continuing to publish afterwards means accepting them. The date and version appear at the top.

16. Governing law and jurisdiction

These terms are governed by the laws of the Plurinational State of Bolivia, including Law 453, Law 164 and its rules on electronic commerce (Supreme Decree 1793) and Law 292, General Tourism Law. Disputes will be submitted to the competent judges and courts of [CIUDAD DE JURISDICCIÓN], Bolivia, after seeking an amicable solution for [N] days.

17. Contact

[RAZÓN SOCIAL DE LA PLATAFORMA], [DOMICILIO DE LA PLATAFORMA], [CORREO DE CONTACTO DE LA PLATAFORMA], [TELÉFONO DE CONTACTO DE LA PLATAFORMA]. Listing reports: [CORREO DE REPORTES DE LA PLATAFORMA].