III – GENERAL TERMS AND CONDITIONS OF USE OF UNIVERSO NEOBOOKINGS, S.A. WEBSITE (www.neobookings.com)
In accordance with the provisions of Article 10 of Spanish Act 34/2002, of 11th July, on Information Society Services and Electronic Commerce, the aforementioned companies forming part of the NEOBOOKINGS shall place the following registry information of the website’s owner at its USERS’ disposal:
For the purpose of these General Terms and Conditions, all the companies of the NEOBOOKINGS shall have its registered address at Avenida xx, 07800 Ibiza (Islas Baleares), Spain and with Spanish Tax Identification Number (N.I.F.) A-xxxxxxxxx and represented by Mr. Crescenciano Huerta Bahillo, of full age, Spanish nationality, provided with Spanish Identification Number (D.N.I.) xx-P.
BY ACCESSING, VIEWING OR USING THE MATERIALS, SERVICES OR ACTIVITIES ACCESSIBLE IN OR THROUGH NEOBOOKINGS’S WEBSITE OR OTHER RELATED WEBSITES OR COMPUTER APPLICATIONS, THE USER CONFIRMS THAT HE OR SHE UNDERSTANDS AND ACCEPTS THESE “GENERAL TERMS AND CONDITIONS” AS THE LEGAL EQUIVALENT OF A WRITTEN, SIGNED AND BINDING DOCUMENT. IN ADDITION, THE USER UNDERTAKES THE OBLIGATION TO: (I) DO NOT USE THE WEBSITE AND THE SERVICES PROVIDED WITHIN NEOBOOKINGS’S WEBSITE FOR CARRYING OUT ACTIVITIES FORBIDDEN OR RESTRICTED BY THE LAW AND (II) TO COMPLY AT ALL TIMES WITH THE PRESENT GENERAL TERMS AND CONDITIONS.
The COMPANY guarantees the protection and confidentiality of personal data provided by the USER or any supplier representing the USER and/or by any client of the COMPANY via the COMPANY’s WEBSITE.
All of the data provided by the USER or any supplier representing the USER and/or by any client of the COMPANY via the COMPANY’s WEBSITE to NEOBOOKINGS, NEOBOOKINGS and/or to its employees, will be included in an automatic database of personal information created by and maintained under the responsibility of NEOBOOKINGS, as the parent company of NEOBOOKINGS under which the brand NEOBOOKINGS operates commercially and manager of this WEBSITE.
The main purpose of the aforementioned COMPANY’s database is to maintain a sales relationship with our clients, the production of statistical studies as well as the sending of newsletters and advertising related to the commercialized products, services, activities and/or events. To that effect, the USER is informed that by registering or filling out his or her personal data and/or information on the COMPANY’s WEBSITE (www.neobookings.com), he or she automatically cedes such data and/or information to the COMPANY and NEOBOOKINGS, who will treat such USER’s data and/or information in compliance with the abovementioned purposes and respecting at all times the General Data Protection Regulation (“GDPR”) and any applicable regulations and/or best practices regarding data protection in force.
Furthermore, in compliance with Article 5 of Spanish Act 15/1999, of 13th December, on the Protection of Personal Data (Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal) (“LOPD”), and Articles 21 and 22 of Spanish Act 34/2002, of 11th July, on Information Society Services and Electronic Commerce (Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico) (“LSSI”), the COMPANY inform the USER that its data will be processed in the files of the COMPANY and/or, when applicable, of NEOBOOKINGS, and may be used for the sending of advertising or promotional communications by email or by any other equivalent electronic media.
Notwithstanding the foregoing, in any event, the USER will be entitled to exercise its rights of access, rectification, cancellation and opposition: (i) by regular post at the following address: Avenida xx, 07800 Ibiza (Islas Baleares), Spain, attaching a photocopy of the USER’s ID, or (ii) by email to the following address: lopd@neobookings.com.
In case that the USER has the intention to oppose or reject the receipt of advertising or promotional communications by email or by any other equivalent electronic media, he or she may send an email message with the subject “UNSUBSCRIBE COMMERCIAL E-MAIL”, to the following address: lopd@neobookings.com.
The COMPANY and NEOBOOKINGS agree to comply with the applicable regulations regarding (i) data protection services and (ii) the information society and electronic commerce. For such purpose, the COMPANY informs USERS of the following:
Any USER may subscribe to the NEOBOOKINGS and/or the NEOBOOKINGS newsletter at the COMPANY’S WEBSITE with the purpose of being updated on the latest news, activities, services and/or activities provided by the COMPANY and/or NEOBOOKINGS.
If you are registered to the newsletter you will receive information and promotions related with NEOBOOKINGS and/or any of the companies forming part of NEOBOOKINGS. However, at any time, the USER may be able (i) to manage his or her subscriptions and (ii) to unsubscribe himself or herself from the NEOBOOKINGS’s GROUP newsletter and/or mailing list at any time by sending an email to the following email address: lopd@neobookings.com, or through the “UNSUBSCRIBE” feature included at the bottom of each commercial email message sent by the COMPANY and/or NEOBOOKINGS.
Access, login, navigation, uploading, downloading and/or use of certain materials, services and/or activities addressed to legal adults and available for the USERS at the COMPANY’S WEBSITE, shall be strictly prohibited to minors (it being understood as people under 18 years of age) with regard to the contents, events, parties and/or activities that may be legally forbidden to minors (i.e. nightclub tickets, access to the club, alcohol consumption, subscription or booking of events and activities expressly forbidden to minors, etc.).
The COMPANY WEBSITE has been created with the following purposes: (i) to make the corporate activities information available to any user or interested third parties; (ii) to make possible for them to contact NEOBOOKINGS and/or any other companies or entities forming part of NEOBOOKINGS in order to require additional information; and (iii) to make available to the users the possibility to purchase the products offered. The requirement of services or articles offered for its sale in the website will be ruled by the general conditions for specific contracting.
Access and use of the COMPANY’s WEBSITE shall be subject to these General Terms and Conditions. The use of the COMPANY’s WEBSITE owned by NEOBOOKINGS attributes user status and implies the user’s full and unreserved acceptance of all the General Terms and Conditions applicable whenever the USER logs in thereto. The COMPANY reserves the right to modify or amend these General Terms and Conditions at any time. Any change or amendment made to these General Terms and Conditions that can affect the USER’S rights shall be communicated in the COMPANY’s WEBSITE property thereof during the first week subsequent to the implementation of said change or amendment. In addition to this notice that will inform you of said change or amendment, we suggest that you review these General Terms and Conditions periodically to stay abreast of any modification made thereto. On accessing the COMPANY’s WEBSITE property of the NEOBOOKINGS subsequently to the publication of the notice of said changes or amendments, alterations or updates, you are accepting the fulfilment of the new terms and conditions. USERS are aware that access to and use of the COMPANY’s WEBSITE is performed under their sole and exclusive responsibility.
Some services of the COMPANY’s WEBSITE and/or any other web pages property of the NEOBOOKINGS may be subject to particular terms and conditions, rules and instructions which, as the case may be, replace, complete and/or modify these General Terms and Conditions, which must be accepted by the USER before using the COMPANY’s WEBSITE. The provision of the service at the USER’S request through the COMPANY’s WEBSITE implies the express acceptance of the applicable Particular Terms and Conditions. These General Terms and Conditions and Particular Terms and Conditions are independent documents to the General or Particular terms and conditions applicable to particular purchases or services, which may be applicable in each case in accordance with the type of service contracted by NEOBOOKINGS.
The expression “COMPANY’s WEBSITE” comprises, in an illustrative and nonlimiting manner, all the content, data, graphics, texts, logos, trademarks, software, pictures, animations, musical creations, videos, sounds, drawings, photographs, expressions and information and other elements included therein and, in general, all the creations expressed by any means or medium, tangible or intangible, regardless of whether they are susceptible or not susceptible to intellectual property in accordance with the Consolidated Text of the Spanish Intellectual Property Law.
These General Terms and Conditions and the Particular Terms and Conditions that can be applied with advance notice in particular cases are expressly accepted without reservation by the USER for merely accessing the COMPANY’s WEBSITE and using the materials, services and activities of the COMPANY’s WEBSITE in any manner. When access to and use of certain materials services and/or activities of the COMPANY’s WEBSITE is subject to Particular Terms and Conditions, the USER shall be informed of said General Terms and Conditions and, as the case may be, shall replace, complete and/or modify the General Terms and Conditions set forth herein. Access to and use of said materials, services and/or activities subject to Particular Terms and Conditions shall therefore imply full compliance with the Particular Terms and Conditions that regulate them in the version published at the time the USER accesses them, said Particular Terms and Conditions being automatically incorporated to these General Terms and Conditions. In the event of contradiction between the terms and conditions expressed in these General Terms and Conditions and the Particular Terms and Conditions, the terms agreed in the Particular Terms and Conditions shall prevail in all cases and at all times, although only as regards the incompatible provisions and only with respect to those materials, services and/or activities of the COMPANY’s WEBSITE subject to said Particular regulation. NEOBOOKINGS may modify, unilaterally and without notice, the provision, configuration, content and services of the COMPANY’s WEBSITE and the General Terms and Conditions thereof. If these General Terms and Conditions were replaced by others fully or partially, said new General Terms and Conditions or, where applicable, Particular Terms and Conditions, shall be understood to be accepted in the same manner as those set forth herein. However, COMPANY’s WEBSITE USERS must periodically review these General Terms and Conditions and the Particular Terms and Conditions of the COMPANY’s WEBSITE services they use in order to stay abreast of any updates. Should the USER not accept these General Terms and Conditions or the Particular Terms and Conditions, the USER must abstain from accessing the COMPANY’s WEBSITE or, in the case of being already logged in, close the session.
USERS shall establish the appropriate technical security measures to avoid unwanted actions in their information systems, files and computer equipment used to access the Internet and, particularly, the COMPANY’s WEBSITE, being aware that the Internet is not a completely secure environment. In general, the services, materials and/or activities offered through the COMPANY’s WEBSITE shall be available in Spanish, although the COMPANY may discretionally present said services, materials and/or activities in other languages. The cost of the telephone access or other type of cost required to access the COMPANY’s WEBSITE shall be borne exclusively by the USER.
USERS shall in no case modify or delete the COMPANY’s identification details. USERS may only access the services, materials and/or activities of the COMPANY’s WEBSITE through the means or procedures placed at their disposal for such purpose in the COMPANY’s WEBSITE itself or which are normally used on the Internet for such purpose, provided that they do not violate intellectual/industrial property rights or imply any kind of damage to the COMPANY’s WEBSITE or to its information or to the services offered.
USERS undertake to use the services, the information and materials of the COMPANY’s WEBSITE in accordance with the law and with these General Terms and Conditions. In no case shall the use of the COMPANY’s WEBSITE by USERS infringe the current legislation, morality, good practices and public order, and shall use the services, information and materials of the COMPANY’s WEBSITE in a correct and lawful manner at all times.
Likewise, the USER guarantees that it has the necessary representation capacity to act with respect to Neobookings on behalf of the company they represent, and to assume rights and obligations on behalf of said company, holding the Neobookings harmless and exempt from liability for any damages and losses caused by the cancellation or termination of the acts performed through the COMPANY’s WEBSITE.
The USER shall:
Under no circumstances, USERS shall not perform the following activities:
USERS shall be liable to the COMPANY, or third parties, for any damages or losses of any kind arising from the direct or indirect nonfulfillment of or noncompliance with these General Terms and Conditions. The COMPANY shall ensure compliance with the current legal system at all times and reserves the right to fully or partially refuse, at its sole discretion, at any time and without prior notice, access to any user to the COMPANY’s WEBSITE if one or several of the circumstances described in this clause are fulfilled.
All the materials, information and/or services contained in the COMPANY’s WEBSITE shall be subject to current intellectual and/or industrial property legislation. Rights over materials, services, events, and other elements displayed on the COMPANY’s WEBSITE (including, for merely illustrative and non-limiting purposes, drawings, texts, graphics, photographs, audio, video, software, distinctive signs, etc.) are the property of the COMPANY and, when applicable, of any of the companies forming part of Neobookings and/or, as the case may be, to third parties who have consented to the transfer thereof to the COMPANY or to Neobookings. Likewise, the COMPANY and, when applicable, Neobookings is the owner of the proprietary logos, commercial names, domains and trademarks. The materials, information and/or services uploaded into the COMPANY’s WEBSITE (photographs, audio, video, etc.) shall respect image and intellectual property rights (if any). The USER shall be solely responsible for any claim filed against the COMPANY as a result of the use and dissemination of said materials, information and/or services.
Access, navigation, use, uploading and/or downloading of materials and/or use of the services or activities contained in the COMPANY’s WEBSITE by the USER shall in no case be deemed to be a waiver, transmission, licence or total or partial transfer of the aforementioned rights by the COMPANY, and, when applicable, by Neobookings and/or, as the case may be, by the owner of the corresponding rights. Consequently, users shall not delete, ignore or manipulate the copyright warning and any other data identifying the rights of the COMPANY, Neobookings and/or its respective owners incorporated to the contents, services and/or activities, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein. In particular, the use of any materials or elements of the COMPANY’s WEBSITE for total or partial inclusion thereof in other websites outside of the COMPANY’s WEBSITE is strictly prohibited without the prior written authorisation of the owners of the COMPANY’s WEBSITE.
References to commercial or registered names and trademarks, logos or other distinctive signs, whether owned by the COMPANY, by Neobookings and/or third-party companies, is implicitly prohibited without the consent of the COMPANY, of Neobookings and/or their legitimate owners. In no case, unless expressly stated otherwise, shall the access to or use of the COMPANY’s WEBSITE confer any rights on the USER over the trademarks, logos and/or distinctive signs included therein and protected by law.
All intellectual and/or property rights are reserved and, in particular, modifying, fixing, copying, reusing, exploiting in any way, reproducing, transforming, dubbing, subtitling, transferring, selling, renting, lending, publishing, making second or subsequent publications, uploading files, sending by email, transmitting, using, processing or distributing in any way all or part of the contents, elements and products, where applicable, included in the COMPANY’s WEBSITE for public or commercial purposes other than those that are the object of the provision by the USER to the COMPANY is strictly prohibited without the express written authorisation of the COMPANY or, as the case may be, the corresponding rights owner. If the action or omission, fault or negligence directly or indirectly attributable to the COMPANY’s WEBSITE USER that gives rise to the infringement of the intellectual and industrial property rights of the COMPANY, Neobookings and/or third parties, gives rise to damage, losses, joint and several obligations, costs of any nature, penalties, coercive measures, fines and other amounts arising from any claim, demand, action, lawsuit or proceeding, whether civil, criminal or administrative, the COMPANY or, when applicable, Neobookings shall be entitled to bring legal action against said user and claim any indemnity amounts, moral damages or damage to its reputation, consequential damages and loss of profit, advertising or any other costs by way of compensation, arising from penalties or judgments, late payment interests, cost of financing the total sum of the damages caused to the COMPANY, Neobookings and/or third parties, legal and defence costs (including prosecutors and lawyers) in any proceedings in which the COMPANY and/or Neobookings is sued for the previously expounded reasons, for the damages and losses arising from wrongful action or omission, notwithstanding the right to take any other action to which the COMPANY is entitled. Any claims that could be filed by the USER in relation to possible infringements of the intellectual or industrial property rights relating to the COMPANY, Neobookings and/or third parties who have consented to the transfer thereof to the COMPANY or to Neobookings, shall be addressed to the COMPANY’s Legal Advisory Department, located for this purposes at Avenida Ocho de Agosto nº 27, 07800, Ibiza, Islas Baleares (Spain).
The USER is aware of and accepts that any data relating to the COMPANY, to Neobookings or to any of the companies comprising said business group of an economic, financial and/or strategic nature (hereinafter, “Corporate Information“) is provided solely for information purposes. The Corporate Information has been obtained from reliable sources. However, despite having taken reasonable measures to ensure that said information is truthful, actual and can reveal the COMPANY’s corporate results, the COMPANY does not declare or guarantee that it is accurate, comprehensive or updated, and should not be relied upon in absolute terms. The Corporate Information that can be found in the COMPANY’s WEBSITE does not imply any kind of recommendation or investment and shall not be considered as such, or financial assessment of any kind, and no part of its content shall be taken as a basis for carrying out investments or making corporate decisions of any kind.
The COMPANY’s WEBSITE may include information or contents provided by sources other than the COMPANY, including information provided by the USERS of the COMPANY’s WEBSITE themselves. The COMPANY does not guarantee or assume any responsibility for the accuracy, integrity or exactness of such information and/or contents.
USERS shall not introduce, store or disseminate, through the COMPANY’s WEBSITE, any content or material that infringes intellectual or industrial property rights or, in general, any content which they do not have the right, pursuant to law, to reproduce, distribute, adapt, copy, fix or make it available to third parties. Information shall be understood to be elements or contents received by the USER in the COMPANY’s WEBSITE, those received by any means, whether comments, suggestions or ideas, including those containing videos, texts, photographs, images, audio, software, etc. Said contents shall be considered to be transferred to the COMPANY free of charge, for the maximum time allowed and for everyone, and can be updated by the COMPANY within the limits established by the applicable legislation, there being no applicable obligation of confidentiality in relation to said contents or information, except the USER’S proprietary information or its supplier’s proprietary information. The authorisation for the COMPANY to use the USER’S brand image, without compensation, for commercial purposes is understood to be included in this transfer.
Due to the large amount of material that can be housed in the COMPANY’s WEBSITE, it is impossible for the COMPANY to verify the originality or non-infringement of third-party rights over the contents supplied by the USER, who shall be ultimately responsible for all the effects of the infringements that could eventually be committed as a result of supplying said information.
The COMPANY may modify the materials supplied by the USERS in order to adapt them to the formatting requirements of the COMPANY’s WEBSITE.
The COMPANY is not responsible for the use made by the USER of the contents housed in the COMPANY’s WEBSITE. Neither will it be responsible for controlling whether the contents infringe or do not infringe the rights mentioned in the preceding paragraphs.
Those USERS who wish to introduce links or hyperlinks from their own website to the COMPANY’s WEBSITE shall fulfil the terms and conditions set out below, the ignorance of which does not exempt the USERS from fulfilling the legal obligations arising therefrom:
The COMPANY uses cookies to customise user navigation through its COMPANY’s WEBSITE. Cookies are files sent by a browser by means of a web server for maintaining the browsing session, storing their IP address (of their computer) and other possible navigation data. Beacons are electronic images that allow the COMPANY’s WEBSITE to count the number of visitors and USERS who have logged into the COMPANY’s WEBSITE and access certain cookies. These cookies allow the COMPANY’s server to recognize the browser of the USER’S computer for the purpose of facilitating navigation and measuring the number of hits and traffic parameters (by means of beacons), and controlling the progress and number of logins, by using the information contained in the cookies in an unrelated manner with respect to any other existing user data. For further information on cookies, please read the COMPANY’s Privacy Policy and the COMPANY’s Cookies Policy available at the COMPANY’s WEBSITE.
The COMPANY declares that it has adopted all the necessary means, within the scope of its possibilities and the current state of the art, to guarantee the proper functioning of the COMPANY’s WEBSITE and to avoid the existence and transmission of viruses and other harmful or malicious components to USERS. If the USER is aware of the existence of any unlawful or illegal content, contrary to copyright laws or which infringes intellectual and/or industrial property rights, he or she shall notify the COMPANY or to Neobookings immediately so that it may adopt the relevant measures.
The COMPANY and, when applicable, Neobookings are released from all liability for damages and losses of any kind and nature in the following cases:
The USERS of the COMPANY’s WEBSITE shall be personally liable for the damages and losses of any nature caused to the COMPANY or to Neobookings, directly or indirectly, as a result of the nonfulfillment of any of the obligations arising from these General Terms and Conditions. In any case, regardless of the cause, the COMPANY shall not assume any responsibility whatsoever, whether for direct or indirect damages, consequential damages and loss of profit. The USER shall be solely responsible for the infringements incurred or the damages he or she causes to the COMPANY’s WEBSITE, which is exonerated from any liability. The USER is solely responsible for any claim or legal, court or out-of-court proceedings initiated by third parties against the COMPANY, Neobookings or against the USER on the grounds of the use of the service or for the information sent to the COMPANY by any means. The USER assumes all the expenses, costs and indemnities incurred by the COMPANY arising from such claims or legal actions.
The COMPANY places a series of links, banners or other type of links that could give the USER access to third-party websites at the user’s disposal.
Access to other third-party websites through said connections or links shall be provided under the USERS’ sole responsibility. The COMPANY shall not be responsible, in any case, for the damages or losses arising from said use or activities.
In relation to responsibility for content, the COMPANY and/or Neobookings shall never be responsible in the following cases:
The COMPANY publishes its contents in Spain. Given the “non-territorial” nature of Internet connections, the COMPANY does not guarantee the suitability or availability of the COMPANY’s WEBSITE outside Spain. Should any or all of the contents or elements housed in the COMPANY’s WEBSITE be considered illegal in other countries, access thereto and use thereof by the USERS is prohibited and, in the event that these occur, shall be exclusively under the USERS’ responsibility, whereupon the USERS undertake to fulfil and comply with the applicable laws of these countries.
The access to, contents and services offered through the COMPANY’s WEBSITE are initially indefinite, unless established otherwise in the General Terms and Conditions or the legislation applicable at any given time. However, the COMPANY reserves, without need for advanced notice and at any time, the right to suspend, refuse or temporarily or definitively restrict access to the COMPANY’s WEBSITE, to make the changes and amendments it deems relevant to the COMPANY’s WEBSITE, services, material, activities or information offered, to the presentation or location thereof and to the General Terms and Conditions without having to indemnify the USER in any way.
Any clause or provision of these General Terms and Conditions that is or is deemed to be illegal, invalid or unenforceable shall be excluded and replaced by another similar one, without affecting or altering the other provisions, which shall not be affected by any illegal, invalid or unenforceable clause or provision, but rather shall be completely valid. The COMPANY excludes any type of warranty and, therefore, is released from all liability arising from the preceding points and from other aspects that may not be envisaged herein.
All the information received in the COMPANY’s WEBSITE shall be deemed to be transferred to the COMPANY free of charge. Email or electronic mail shall not be deemed to be a valid means for filing content-related claims. For such purpose, users shall write to the COMPANY’s Legal Advisory Department, located for this purposes at Avenida Ocho de Agosto nº 27, 07800, Ibiza, Islas Baleares (Spain), which will indicate the procedure to be followed.
These General Terms and Conditions are governed by Spanish law.
The parties freely subject themselves, for conflict resolution and waivi
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