- In the absence of any other particular conditions explicitly agreed with the User, the Owner or the Partner, these general conditions will apply to the use of the tourist accommodations booking management Platform hosted in www.avaibook.com (hereinafter the Platform)and the management software associated with it (the Software), both property of AvaiBook on-line S.L., located at c/ Bari, Technocenter,ofi. 310. 50197 Zaragoza (SPAIN). Registered in the Zaragoza (SPAIN) Mercantile Register in volume 3774, book 0, sheet 119, page Z50074, date 26/04/2010 - VAT number: ES-B99279622 (hereinafter AvaiBook).
- This Platform is intended as a software which allows to manage tourist and holiday accommodations in real time. It offers services to their owners, online portal booking companies and final users, allowing the Owners to keep their availability calendar updated at any time, in any of the portals where they advertise their accommodations. At the same time, it allows Owners as well as booking management portals to manage online accommodation booking.
- Registration is required in order to access the services offered by the Platform. Minors who wish to register must obtain a prior parental consent, approved by their parents, guardians or legal representatives who shall be responsible for all actions taken through the Platform by the minors dependent on them .
INFORMATION PROVIDED BY THE DIFFERENT USERS
- The User is responsible for the accuracy, validity and truthfulness of any information, text, data or picture provided during the registration process or while using the Platform, as well as for the services availability (“the Resources”). Avaibook reserves the right to take the action in the 5.4 section, in case of verifying inaccuracy or untruthfulness of the data .
- The User guarantees AvaiBook to be the owner with authority to dispose of the Resources. Likewise, he declares that these resources respect copyright, patent right, trademark, know-how and any other third parties' intellectual or industrial property rights and that they do not violate any rule. The User shall be solely liable for any claim brought by third parties to have authority to dispose of the Resources and he shall indemnify for any damages or loss caused in case AvaiBook must face any third-party claims arising out of such rights violation.
- The User cedes reproduction, distribution and public communication rights of the Resources to Avaibook, both in its physical and digital form.
- not introduce or spread any data program (viruses or harmful software) which can damage the access provider, its suppliers or third internet users' informatic systems.
- not to spread, transmit, or put at the disposal of third parties resources which represent illegal or unfair advertising or which are unfair competition.
- not to transmit unsolicited or unauthorised advertisement, advertising material, spam, chain letters, pyramid schemes or any other way of solicitation, except in those areas (such as commercial space) exclusively intended for this purpose.
- not to introduce or spread any information or any false, ambiguous or inaccurate contents which may mislead third parties.
- not to spread, transmit, or put at the disposal of third parties, resources which violate third parties' intellectual or industrial property rights.
- not to spread, transmit, or put at the disposal of third parties, resources which violate communications privacy, or the personal data protection legislation.
USERS' DUTY OF CONFIDENTIALITY
- The users shall take all reasonable measures to prevent their password disclosure and must not allow other people to access the site through their accounts. In case the user is aware of any unauthorised use of his accounts, or loss, theft or disclosure of his password, he must immediately notify AvaiBook. AvaiBook shall not be held liable, under any circumstances, for any data loss or violation of confidentiality or any other consequences resulting from a user's identity theft, in case he has been negligent by breaching his duty to protect the passwords provided or in case he does not notify Avaibook as mentioned above.
- The Users shall not copy, modify or alter the Platform code, contents or design, and they shall not interfere with its proper functioning. Framing without Avaibook's consent is explicitly forbidden.
- The USER commits to not impersonate others' identity when accessing the Platform, also to not try to access non authorised sections and to not make any illicit use of a possible security breach or provoke or try to provoke it.
- If these obligations are not abided, AvaiBook has the right to cease the User's Platform access, by deactivating passwords, cancelling orders, or even eliminating any Resource published by the User, at its discretion.
- AvaiBook may add any advertisement, of its own or of someone else's, considered interesting for Users, committing not to provide any personal information to advertisers, except anonymous statistical data about how the Platform is used, in order to improve service and offer products or services adapted to users' expectations .
- AvaiBook informs users that advertisers and suppliers can gather information about users' activity in the Platform and the sections they visit, through cookies. Avaibook disclaims all liability of any consequences that may arise from this use and the collection of this information.
- AvaiBook may use the information provided by the Software and collected in the Platform in order to carry out statistical analysis of occupancy rate, overnight stays, number of places, number of bookings, availability, users' origin, hired services and demand. The information collected and the results are exclusively Avaibook's property. Therefore, it will be possible to inform, offer or sell it to third parties without any compensation to the User. These data will always be of a general nature, in such a way as the User or the establishment they have been collected from, can never be identified.
- AvaiBook maintains in the Platform all available technical means to avoid the loss, misuse, alteration, unauthorised access or theft of personal data and information provided by Users, notwithstanding that security measures on the Internet are not impregnable.This is accepted by the user.
- AvaiBook protects User's personal information during transmissions using SSL software (Secure Sockets Layer), which encrypts information provided by Users.
LIMITATION OF AVAIBOOK'S LIABILITY
- Incorrect use of the Platform: Access and correct use of Resources and services offered by the Platform are the User's responsibility. Avaibook is not responsible for misuse, illicit or negligent use made by any User.
- Continuity of Service: AvaiBook does not guarantee the availability, access or continuity of the service of the Software or the Platform. Therefore, it shall not be responsible for any damage to the User arising out of unavailability, access failure or lack of service continuity, with the limitations provided by the current legislation.
- Resources: AvaiBook does not guarantee neither the truthfulness or accuracy of the Resources published by Users in the Platform nor their origin, property, use or practical application made by the User, especially with reference to the accommodation information published by Owners and Partners. Avaibook disclaims any responsibility on the matter. Any User can report any violation detected, in such a way as Avaibook takes the measures considered appropriate, including those mentioned in section 5.4, in case of verification of any violation of these Conditions.
- Links: the Platform can content links to other websites, Avaibook assumes no liability whatsoever for its contents or any consequences caused by its use.
- Virus: AvaiBook undertakes to apply all necessary measures to try to guarantee the User the absence of viruses, worms, Trojans and similar elements in the Platform. However, these measures are not infallible. Therefore, AvaiBook does not guarantee the absence of such harmful elements and disclaims any responsibility for any damage these could caused to the User or to third parties.
- Hiring third parties through the Platform: The User acknowledges and accepts that any contractual or non-contractual relation that he may formalise with advisers or third parties contacted through the Platform, he does so under his full responsibility. Therefore, Avaibook does not accept any responsibility arising from any damage of any kind caused as a consequence of these negotiations and contractual or non-contractual relationships with third parties contacted through the Platform .
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
- The software, the Platform design, as well as their source code, logos, trademarks and other distinguishing signs appearing therein, are owned by Avaibook or its suppliers and they are protected by the corresponding industrial and intellectual property rights. Their use, reproduction, distribution, public communication, transfer, transformations, reverse engineering or similar activities are expressly prohibited unless explicitly approved in writing by Avaibook or their owner.
- Platform contents entered by Avaibook in any format are also protected by its intellectual property rights or those of its suppliers. Their use or reproduction shall only be allowed if there is an explicit contractual relationship.
PERSONAL DATA PROTECTION
- File: In accordance with the provisions of the Organic Law 15/1999 (SPAIN) of 13th December concerning Personal Data Protection (LOPD) and the Royal Decree 1720/2007 (SPAIN), of 21st December, approving the Regulation that Develops the LOPD, AvaiBook informs the Users that the personal data provided will be included in a computerised file called "AVAIBOOK SERVICE DATA BASE", hosted on our server, register in the General Data Protection Register (SPAIN) whose responsible is AvaiBook.
- Purpose of the data collection: AvaiBook uses these personal data to provide services to its Users, to send emails related to the service offered, to contact Users when needed to provide a requested service, and to keep them posted of services news and improvements. Owners data shall be at the disposal of Users and Partners using the Platform.
- Consent and access, rectification, cancellation and revocation rights: By accepting the present legal notice, the User agrees to his personal data being used for the purposes above mentioned, and consequently, for managing his registration in AvaiBook and for keeping and developing his relation with AvaiBook as a registered User.
The User takes liability for the truth and accuracy of the data he provides and he shall be the only responsible for any direct or indirect damage caused to anyone by providing fake, inaccurate, incomplete or not current data when filling the forms. AvaiBook reserves the right to (i) cancel or modify the registered personal data in case of confirming that they are inaccurate, partly or wholly, or incomplete and (ii) to exclude any user from the registered services, if the fact that he has provided false data is confirmed, without prejudice to any other legal actions applicable under the Law.
The User may exercise the access, rectification, opposition and cancellation righst recognised in the LOPD. In order to do that, he may use the cacellation request form AvaiBook puts at his disposal. This request, written and signed, must be sent by mail to AvaiBook to the following address: calle Bari 31, 50197 Zaragoza (SPAIN). The User must attach a copy of his ID card. AvaiBook adopts the security levels required by the development Regulation of the Data Protection Organic Law, approved by the Royal Decree 1720/2007 (SPAIN), of 21st December. In spite of the above mentioned, Internet security measures are not impregnable and leaks can occur due to the misconduct of others.
The data provided by the User in AvaiBook's portal shall only be used for managing the booking requests and sending confirmations or information about the booking or its cancellation. Use of Users' data for advertising purposes is not allowed, unless expressly requested by the User.
AVAIBOOK undertakes to treat users' personal data as provided by the Organic Law 15/1999 (SPAIN), 13th December, personal data protection and development regulations.
Once the booking has been made, AVAIBOOK may transfer the User's email provided to make the reservation, to the Partner which started the booking process (if it be the case), in order to request the User's feedback about the accommodation. For this purpose, AVAIBOOK undertakes to previously inform the users of this circumstance. The Partner shall provide the data source when requesting the above mentioned feedback and it undertakes to treat users' personal data as provided by Organic Law 15/1999 (SPAIN), 13th December, personal data protection and development regulations, at all times.
AVAIBOOK shall cancel all users' data once the reservation has been made, confirmed and enjoyed or cancelled by the User.
AvaiBook will be able to treat these data and communicate or transfer them to its services suppliers or clients, in order to offer suitable services from the Platform or for its Partners legitimate interests. AvaiBook undertakes to introduce a clause in any contract signed with third parties with access to these data, in which they take on the obligation to inform Users about the data transfer that has been received, the aim of this transfer and the data source, guaranteeing their access, modification and cancellation rights.
When completing the registration process in the Platform, the Users agree to receive offers and promotions from AvaiBook about services suitable for corporate purposes. AvaiBook will be able to treat these data and communicate or transfer them to its services suppliers or clients, in order to offer suitable services from the Platform. AvaiBook undertakes to introduce a clause in any contract signed with third parties with access to these data, in which they take on the obligation to inform Users about the data transfer that has been received, the aim of this transfer and the data source, guaranteeing their access, modification and cancellation rights.
- Security measures: AvaiBook shall, at all times when treating personal data files, adopt basic, medium or high level security measures according to the kind of data, as established in the Royal Decree 1720/2007 (SPAIN), the 21st December. These measures shall be depicted in its Security Documentation.
- Cookies: Any User can visit the Platform without revealing neither his identity, nor his personal data. Avaibook's web servers can only collect domain names, never visitors' email addresses. This kind of information is the one used in order to collect website visits statistics, such as time spent on it, pages viewed, User's general source (through bookmarks, a browser, another website link) and only in order to learn the use of the Platform and improve its contents and services.
- Third party data: If the User hires any of the services offered through the Platform on behalf of a third party, either as a travel agency, a tour operator, a booking centre, a cooperator, an acquaintance, or a friend, the User shall be responsible for obtaining the express authorisation to hire services as well as to introduce his personal data in the Platform. The User guarantees he has informed the above mentioned third party of each and every implication related to data protection established in these General Terms, since this third party shall be treated as the User, to all intents and purposes.
APPLICABLE LAW AND JURISDICTION
- In case of doubt, argument or conflict about the interpretation or application of any of these General Terms, as well as about any matter related to the Platform, AvaiBook and the User, with the waiver of any other applicable jurisdiction, agree to submit to the jurisdiction of the Courts and Tribunals of Zaragoza.