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Terms of Use
Website Terms of Use - Terms, conditions and Privacy policy

Introduction

These Conditions of use referring to the website www.avaibook.com (hereinafter WEBSITE) are owned by AvaiBook on-line S.L., a Spanish company with registered office at 31 Bari Street - Alfa Building, ofice 002, Zaragoza (SPAIN), registered in the Mercantile Register of Zaragoza (SPAIN), volume 3774, book 0, sheet 119, page Z50074, date 26/04/2010 - NIF: ES-B99279622, and telephone number 976 73 04 26 (hereinafter AVAIBOOK)..

You can contact AVAIBOOK by ordinary mail to the email address indicated above, through the contact form or by sending an email to the following email address: info@avaibook.com.

Hereinafter we will refer to the person who checks availability or makes a reservation, through an OWNER's WEBSITE or through any of the PORTALS or PARTNERS where the OWNER advertises, as the TRAVELLER.

Hereinafter we will refer to the natural or legal person using AVAIBOOK to manage vacation rental accommodations as the PARTER or PORTAL, which is somehow technically integrated, for instance, a portal displaying the accommodations information on its WEBSITE or application, or any company using AVAIBOOK services in all its solutions..

Access and Acceptation of Terms of Use

The access and/or use of this WEBSITE implies that the CLIENT has read, understood and expressly accepted all the terms established in these conditions of use, as well as those particular conditions for certain SERVICES that complete and/or modify these conditions of use. The access and the use of the services and contents of the site is under the sole and exclusive responsibility of the CLIENT. If the CUSTOMER does not agree with these conditions of use or any changes that may be made to them, they must stop using the WEBSITE or SERVICES. If they continue to use them, they will be accepting the terms of use.

In the case of subscription to any of the SERVICES, these conditions of use will constitute the contract for the provision of services between the CLIENT and AVAIBOOK and they will be applied in their entirety to the use that the CLIENT makes of the SERVICES. By registering as a CUSTOMER these conditions are explicitly accepted.

AVAIBOOK reserves the right to update, extend, modify or replace these conditions of use, without giving rise to any liability or compensation. AVAIBOOK will try to notify the CUSTOMER of any modification to the conditions of use. However, we advise the CUSTOMER to frequently review these conditions of use to be aware of any changes we may have made. If the WEBSITE is accessed or the Services are used after any change in the conditions of use has been made, the new conditions of use will be accepted expressly and without reservations.

All future changes and modifications or updates to the conditions of use will be incorporated into the contract for the provision of services between the CLIENT and AVAIBOOK as an integral part of it.

The CUSTOMER may not assign or transfer the rights or obligations under this contract without the prior written consent of AVAIBOOK.

Definitions

We refer to SERVICE or AVAIBOOK SERVICE as any of the services that AVAIBOOK offers through this WEBSITE or under any of the subdomains or dependent websites.

We refer to the CLIENT as the natural or legal person who hires AVAIBOOK SERVICES to manage ACCOMMODATIONS for vacation or hotel rentals.

We refer to a TRAVELLER as the physical person who makes a reservation in the CLIENT'S ACCOMMODATIONS.

The expression WEBSITE includes -by exemplification but not by limitation- the texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, etc. included, in general, all creations expressed by any method or medium, tangible or intangible, currently known or invented in the future, regardless of whether or not they are susceptible to intellectual property in accordance with the Revised Text of the Intellectual Property Law or any future regulation.

Avaibook Service Description

AVAIBOOK makes available to the CLIENT a management software for holiday or hotel rental accommodation. The SERVICES catalogue (without limitation):

  • SYSTEM OF MANAGEMENT of the accommodation in general (it allows to manage calendar, reservations, tariffs, entrance and exits...).
  • BOOKING ENGINE (it allows to enjoy a secure booking engine for managing reservations from the website of the ACCOMMODATION or from some of the portals or partners integrated with AVAIBOOK, if so configured by the CLIENT).
  • CHANNEL MANAGER (it allows to connect the information of the ACCOMMODATIONS in AVAIBOOK with portals in which the CLIENT has announced them, and thus to maintain synchronized certain information between these portals or channels and AVAIBOOK).
  • Booking Direct Payments -BDP and BDP Plus- (it allows the management of credit/debit card charges for reservations managed through AVAIBOOK).
  • Some OPTIONAL MODULES or additional tools (optional for the CLIENT, with which they can speed up the management of their ACCOMMODATION).

Guarantees

  • The CLIENT guarantees that they have the power of free disposal and the necessary legal capacity to manage the ACCOMMODATIONS, and that they complies with all the legal obligations in force and is up to date with all their fiscal, labour and general obligations of any other nature that are applicable to their professional activity (including, without limitation, administrative or urban planning). The CUSTOMER shall indemnify AVAIBOOK from any liability in this respect, expressly acknowledging that AVAIBOOK is a mere provider of technological services and reservation management.
  • The CUSTOMER guarantees that all data provided to AVAIBOOK (at the time of subscription to the SERVICE and during the contractual relationship) relating to their identity and the ACCOMMODATIONS they manage with their account are true, accurate, complete and up to date. They also guarantee at all times that the ACCOMMODATIONS exist and that they are duly authorised and have the necessary capacity and/or authorisation to manage and offer the holiday rental service, as the case may be.
  • In relation to the documentation that the CUSTOMER provides for identification (whether natural or legal person), relating to the ownership of the bank account associated with their AVAIBOOK account, as well as any documents that AVAIBOOK requests at all times, the CUSTOMER states under their responsibility that the documents provided to AVAIBOOK are true, accurate, valid and current.
  • It is the CUSTOMER's responsibility to keep their AVAIBOOK access credentials secure and to protect them at all times. And in the case that the CLIENT has evidence of usurpation of their credentials and / or use of their AVAIBOOK account fraudulently they must immediately inform AVAIBOOK and take the necessary action in their systems to restore the security of their credentials (change of keys, antivirus, etc.). In that case, the responsibility for actions that could have been performed from the account of the CLIENT are the sole responsibility of the CLIENT.
  • The access and the use of the SERVICES require devices or computer equipment and systems, and connection to a communications network (Internet). The CLIENT acknowledges and accepts that the costs associated with these elements will be borne by them and will not be assumed by AVAIBOOK under any circumstances.

Exemption and limitation of liability of AvaiBook

  • AVAIBOOK is a provider of technological services and reservation management that makes available to its CUSTOMERS a technology tool that the CUSTOMER freely contracts for the establishment of commercial relations on its part with third parties.AVAIBOOK does not act in any case as an intermediary, agency, sales channel or similar. The commercial relations established between the CLIENT and the TRAVELLER, and between the CLIENT and the PORTAL are alien to AVAIBOOK.
  • AVAIBOOK will not assume any type of responsibility for damages that could derive from the commercial relationship between CLIENT and the TRAVELLER, and/or between the CLIENT and the PORTAL.
  • AVAIBOOK does not assume any responsibility for delays or other possible incidents in sending money from the AVAIBOOK BALANCE ACCOUNT to the associated bank account set up by the CLIENT, when this is due to causes attributable to intermediary financial institutions or any other cause beyond the control of AVAIBOOK.
  • AVAIBOOK does not assume any responsibility in the case of overbooking in an ACCOMMODATION when these are caused by technical incidents beyond the control of AVAIBOOK in the CHANNEL MANAGER, the BOOKING ENGINE or the CALENDAR, or for a lack of updating by the CLIENT or incidents in any of the connected channels.
  • AVAIBOOK is not responsible for possible problems of synchronization of information through the CHANNEL MANAGER if these were due to technical problems in the connected PORTALS.
  • In the case of interruption or suspension of the SERVICE, AVAIBOOK undertakes to use its best efforts to restore and recompose it as soon as possible. The CUSTOMER exonerates AVAIBOOK from any responsibility in case of technical incidents, such as loss of reservations, errors in synchronisations, etc. when this is due to a cause beyond the control of AVAIBOOK, whether it comes directly or indirectly from it.
  • AVAIBOOK will not be responsible for incidents or failures that occur in the access and/or the operation of the SERVICES in cases of Force Majeure. "Force majeure" for these purposes means all those causes which could not have been foreseen, or which were even foreseen were unavoidable, and which result in the non-fulfilment of any of its obligations.
    These include, but are not limited to, strikes, both by its own workers and by outside workers, insurrections or revolts, as well as regulations issued by any civil or military authority, natural catastrophes such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.
  • The CUSTOMER shall be personally liable for damages of any nature caused to AVAIBOOK, directly or indirectly, by the breach of any of the obligations arising from these conditions of use or other rules governing the contractual relationship with AVAIBOOK. AVAIBOOK may cease to provide the SERVICE if the CUSTOMER contravenes any of their obligations under the conditions of use, particularly in the case of inappropriate or unlawful use of the SERVICE, which will notify the CUSTOMER in advance.

Rates, hiring, plan changes and cessation of service

  • AVAIBOOK offers the CLIENT the SERVICE with different PLANS and MODALITIES of contracting, being public and accessible from the WEBSITE, that the CLIENT accepts to know, and freely contracts the option that adjusts to their needs.
  • Each PLAN has corresponding tariffs (costs) which can be found on the WEBSITE, on the SERVICE contracting page and in the private area of AVAIBOOK exclusive to the CLIENT. The customer agrees to know and assume the payment of such rates at the time they contract and/or renew the SERVICE.
  • The main type-costs of the PLANS are the following ones (under the assumption that the current costs will be those associated with any SERVICE on the WEBSITE):
    • Fixed cost (per subscription): amount that the CUSTOMER pays on a periodic basis according to the modality and the PLAN contracted.
      • Minimum monthly consumption: if applicable to the PLAN, amount that the CLIENT is obliged to pay only in the case that the variable costs do not reach the established figure.
    • Variable cost per reservation: amount paid by the CLIENT for each reservation received through the BOOKING ENGINE, or the CHANNEL MANAGER if it is a channel whose connectivity allows the downloading of reservations. Non-refundable rate in case of cancellation of reservation (unless otherwise specified).
    • Variable cost for BDP collections: amount paid by the CLIENT for credit/debit card charges that are transacted through AVAIBOOK.Non-refundable rate in case of cancellation of reservation (unless otherwise specified).
    • Particular cost for any of the MODULES or particular functionalities (present in any of the plans in case the CLIENT contracts any of the optional modules).The modules may have a purchase fee, a periodical fee or even a use fee (such as the BDP Plus module to make credit card payments).
    • Other private costs:
      • cost to validate the ACCOMMODATION (in some of the published validation modes).
      • cost of penalty for cancellation of reservations by the CUSTOMER in certain cases.
      • particular costs for any development or adaptation to measure requested by the CUSTOMER (under budget).
      • costs for management of ChargeBacks (CBs): Avaibook reserves the right to apply a management cost, which in any case will be notified to the CUSTOMER, for an amount of € 25 per retrocession.
      • penalties for returned direct debits and returned payments (sending money to the customer): Avaibook may apply, as a penalty for return management, charges ranging from €2 to €10 for each management to be carried out, depending on the recurrence of the incident.
  • The CUSTOMER may choose to modify the PLAN, from its private area in the web section explicitly enabled for it (in its private area) and where the conditions applicable to each change are explained and it is understood that they are accepted by the CUSTOMER in case of proceeding with the change of PLAN.In any case, the CUSTOMER will assume at all times the costs corresponding to the PLAN contracted at all times, which will not prevent them from requesting the modification of PLAN as many times as they wish, subject to compliance with the procedure and conditions of change of PLAN.
  • Procedure and conditions of the change of Plan in Plans with Minimum Consumption: the CUSTOMER may choose to change to a higher PLAN at any time, taking effect the characteristics of the new higher PLAN immediately. Likewise, the CUSTOMER may change to a lower PLAN provided that the limitations of the PLAN to which they wish to change are met (by way of example, if the CUSTOMER has 8 ACCOMMODATIONS and the PLAN to which they wish to change is limited to 5 ACCOMMODATIONS, they will have to cancel 3 of them in order to comply with this limitation). The change to a lower PLAN may only be made during the first five (5) calendar days of each month.
  • Procedure and conditions for change of Plan in Plans with Periodic Quota: The CUSTOMER can change to a higher PLAN at any time (they can choose whether the change takes effect instantly - in which case they renounce the rest of the paid period of the current plan - or from the end of the paid period of the current PLAN - before the next renewal -). Likewise, the CUSTOMER may change to a lower PLAN provided that the limitations of the PLAN to which they wish to change are met (by way of example, if the CUSTOMER has 8 ACCOMMODATIONS and the PLAN to which they wish to change is limited to 5 ACCOMMODATIONS, they will have to cancel 3 of them in order to be able to comply with this limitation) at any time. The change to a lower PLAN will have immediate effect (in which case the CLIENT waives the rest of the period already paid of the current PLAN).
  • AVAIBOOK published rates do not include taxes, unless otherwise specified.
  • Invoices of the AVAIBOOK service: all the costs of the service are invoiced automatically by our system in accordance with Spanish and European accounting and tax laws, and according to the fiscal data indicated by the CUSTOMER, who is responsible for ensuring that they are true and correct. Invoices will always be available in electronic format through the CUSTOMER's private area in AVAIBOOK. The CUSTOMER is responsible for obtaining such invoices and processing them correctly according to the accounting and tax laws that apply.
  • AVAIBOOK will notify the CLIENT of any change that is going to take place in the PLANS and MODALITIES, as well as in their associated RATES, at least thirty (30) calendar days prior to their date of application.
    • If the modification of the tariff affects the fixed cost (subscription) (periodic) of the PLAN, it cannot be applied during the current period already contracted, but will be applicable from the next renewal, leaving it to the discretion of the CLIENT to opt for a change of PLAN or to cease the SERVICE once the contracted period has expired.
    • Any other modification will be applied from the date announced by AVAIBOOK if the CUSTOMER continues using the SERVICE.
  • PLANS are contracted with a specific modality that determines their duration, from the moment of contracting. The validity of the PLAN is informed to the CLIENT from his private area of AVAIBOOK, which they expressly accept to know.
  • The SERVICE is automatically renewed if the CLIENT has not notified the cancellation or "non-renewal" of the renewal date, with at least ten (10) calendar days notice, for which they must make this request from their private area of AVAIBOOK.AVAIBOOK does not admit any other way to notify the cancellation, unless AVAIBOOK explicitly acknowledges receipt of other means of notification.
  • If the CLIENT requests the cancellation or "non-renewal" of the SERVICE, they may continue using it until the end of the contracted period, but in no case will the SERVICE fees paid for the contracted period be reimbursed, nor in the event that the cancellation is due to a cessation of the SERVICE by AVAIBOOK due to non-compliance by the CLIENT.

Avaibook account or Avaibook balance

  • Each CUSTOMER has in their private area of AVAIBOOK an account section also called AVAIBOOK BALANCE ACCOUNT, where the economic status of the CUSTOMER is centralized with AVAIBOOK, centralizing and reflecting all the economic movements of the CUSTOMER associated with AVAIBOOK and with the use of the SERVICE.
  • Movements of income for the CLIENT: will be those for which the CLIENT charges some amount through the services that the payment gateways of AVAIBOOK have incorporated (BDP / Pay-in), such as receiving a reservation through the RESERVATION MOTOR and collect the advance payment of that reservation.Also of this type will be the payments of specific services that the CLIENT pays to AVAIBOOK by means of their credit or debit card, or the recharges of balance by transfer to face pending charges in AVAIBOOK.
  • Charge movements for the CUSTOMER: correspond to the costs of the AVAIBOOK service.
  • CUSTOMER balance: as a result of the movements in the AVAIBOOK BALANCE ACCOUNT the CUSTOMER has an amount of money, which we call BALANCE which will have a certain AVAILABILITY.
  • AVAILABILITY: every movement reflected in the AVAIBOOK BALANCE ACCOUNT will have an availability date that is set according to different security parameters relating to each operation and to the CLIENT'S profile, which we call RISK INDICATORS, as well as according to the policy of cancellations and validation of the accommodation that the reservation has, on which the card payment is being made (BDP). The availability will always be visible in this section and until that date the resulting amount will not be available in the AVAIBOOK BALANCE ACCOUNT and during that time will be supervised by AVAIBOOK. In addition, the CUSTOMER is presented with the amount available at the moment, and available in the future in their account.
  • RISK INDICATORS: AVAIBOOK manages different risk indicators, both for card payment transactions (BDP) and for each CUSTOMER's own operations. These indicators are used to calculate the date of availability of each of the movements, and by extension for the availability of the CUSTOMER'S BALANCE.
  • Custody of the CUSTOMER balance (if applicable to the contracted SERVICE): AVAIBOOK informs the CUSTOMER that the resulting balance in their AVAIBOOK BALANCE ACCOUNT will be kept by Paytpv On Line Payment Entity, S.L. (hereinafter "PAYTPV"), a payment entity registered in the Register of Payment Entities of the Bank of Spain, under number 6874.Therefore, the CUSTOMER knows and accepts that AVAIBOOK will carry out the custody of their BALANCE through PAYTPV.
  • PAY-OUT: The CUSTOMER will associate a credit/debit card, and an IBAN bank account of their ownership, which will be used to send the CUSTOMER their available BALANCE (PAY-OUT), and to charge any amount of the SERVICE that accumulates in their AVAIBOOK BALANCE ACCOUNT.
    • The ownership of the IBAN bank account must be credited by the CUSTOMER and the data of the holder must match the data of the CUSTOMER in AVAIBOOK.
    • The CUSTOMER's bank account must belong to a financial institution operating in the European Economic Area (EEA).
    • The CUSTOMER must provide the SWIFT associated with the bank account if requested.
    • The CUSTOMER will keep AVAIBOOK free of any extraordinary costs that could be involved in working with the configured IBAN account.
    • AVAIBOOK reserves the right to refuse or reject certain bank accounts in the event of incidents or costs added to AVAIBOOK for normal use (issuance of transfer and/or receipts).
  • GUARANTEE ACCOUNT: the CUSTOMER BALANCE ACCOUNT and the associated PAYMENT AND COLLECTION METHODS act as the CUSTOMER GUARANTEE ACCOUNT against AVAIBOOK, so that any cost of the SERVICE will be charged to the AVAIBOOK BALANCE ACCOUNT, and if there is no BALANCE available or it is deemed appropriate AVAIBOOK may charge the corresponding amounts to the card or bank account, being accepted and not returned in any case by the CUSTOMER. These charges, as applicable, will always be informed and visible to the CUSTOMER in their private area of AVAIBOOK.
    • The CLIENT accepts that the GUARANTEE ACCOUNT constitutes a guarantee against AVAIBOOK in relation to its payment obligations arising from the provision of the SERVICE.
    • This liability shall extend beyond the term of the period in which the customer uses the SERVICE if the customer's RISK profile is high, or if the volume and/or RISK of BOP transactions performed is high.
    • RECEIPTS: the CLIENT accepts to receive direct debit bills in the configured account. For this, they will have to inform the corresponding financial institution through the protocol established by their institution, so that the bills drawn up by AVAIBOOK are accepted, constituting the acceptance of these conditions of use as an 'acceptance of the SEPA mandate'.
      • If a receipt issued to the CUSTOMER is reversed or returned, the CUSTOMER undertakes to face a penalty as a service fee, and to assume such payment by accepting the receipt that will again be issued, or paying it by bank transfer, or BALANCE if at that time they had it.
  • BALANCE: AVAIBOOK performs a daily process by which the available amount resulting in the account of each CUSTOMER is settled.If the available BALANCE is positive, and higher than a collection UMBRAL set by the customer, this amount will be sent to the customer (PAY-OUT).And if it is negative, a charge will be issued to the CUSTOMER as explained in the previous paragraph (to their card or their IBAN account).
  • PAY-OUT: consists of sending the CUSTOMER'S available BALANCE to your bank account via SEPA transfer.This process will be carried out by AVAIBOOK several times a week, after BALANCING, with the greatest diligence and speed possible. AVAIBOOK does not assume responsibility for any delays or incidents that may occur in such transfers if they are attributable to the financial institution of destination (bank of the CUSTOMER).
    • It will be the responsibility of the CUSTOMER any commission or expense your bank charges for the receipt of such transfers.
    • It will be the CUSTOMER'S responsibility to properly configure their IBAN account to receive payments from AVAIBOOK, and if they are rejected by the CUSTOMER's bank they accept that they will have to provide an alternative IBAN account to which they can send these payments and that they will have to pay a commission for the management of the return and the re-processing of the payment.
    • AVAIBOOK can keep in custody payments to the CUSTOMER if it observes a high RISK profile. The determination of the CUSTOMER'S RISK profile will depend on the outcome of the KYC procedure (know your client) carried out by AVAIBOOK, as well as different evaluations of the CUSTOMER's actions (FRAUD SCORING).

Functioning and particularities of the management system

  • The CUSTOMER is solely responsible for configuring and keeping their ACCOMMODATIONS and all matters relating thereto up to date, including (without limitation): rates, offers, seasons, restrictions, cancellation policy, billing template (BDP), etc. and in particular the availability calendar.
  • VALIDATION OF ACCOMMODATIONS: AVAIBOOK offers CUSTOMERS the opportunity to validate the existence of the accommodations they manage, so that no physical existence or fraudulent publication is ruled out. For this purpose, AVAIBOOK offers the validation service through different procedures published in the private area of AVAIBOOK for the CUSTOMER. The CLIENT accepts these methods and their derived costs (published at all times in AVAIBOOK), and in case of validation by any method they are responsible for providing real, truthful and reliable information about their accommodations.
    • When an accommodation is validated they will have the ANTIFRAUDE WARRANTY activated.
    • AVAIBOOK may request additional information at its discretion to validate the actual existence of any accommodation, beyond the standard validation methods, if it has reasonable doubt or any incidence related to any of the accommodations.
  • ANTI-FRAUD GUARANTEE: This is a safety and reliability mechanism for the TRAVELLER to face possible fraudulent ACCOMMODATIONS. It consists in that the money collected from reserves related to an ACCOMMODATION with the active ANTI-FRAUD GUARANTEE will not appear as available BALANCE until two days after the starting date of the reservation. This measure allows the ACCOMMODATION to be reliable and the TRAVELLER to reserve with tranquility.The CLIENT may keep the ANTIFRAUD GUARANTEE active if they wish even when they have validated the ACCOMMODATION.
  • CANCELLATION POLICY: the CUSTOMER is solely responsible for mandatorily setting the cancellation policy that they wish for each of their accommodations, and for complying with it for the reservations they receive in such accommodations. The CANCELLATION POLICY consists of two different parts:
    • Cancellation policy guaranteed by AVAIBOOK: this involves establishing a deadline up to which the TRAVELLER can cancel with the right to refund the amounts paid (minus SERVICE commissions).
    • Cancellation policy particular and additional: if the customer wishes to offer other conditions of cancellation beyond the guaranteed one by AVAIBOOK, the CUSTOMER can describe that cancellation policy and it will always be managed by their part in such a case.
  • AVAIBOOK acts as a "trusted third party" and a manager of cancellations for the TRAVELLER, always applying the CANCELLATION POLICY that the client has configured.To this end, the CUSTOMER accepts that AVAIBOOK will manage the amounts collected in their reservations (BDP) to ensure compliance with these CANCELLATION POLICIES and that in the event of a cancellation it will be responsible for returning the amounts paid by the TRAVELLER (less commissions of the SERVICE), if appropriate, depending on the origin of the reservation:
    • If the reservation has been received by the AVAIBOOK BOOKING ENGINE will evaluate the CANCELLATION POLICY guaranteed by AVAIBOOK and make the return to the TRAVELLER if applicable.
    • If the reservation has been received by the CHANNEL MANAGER and it is a channel with which we have defined or receive the cancellation policy information, and so has configured the CLIENT, AVAIBOOK will be responsible for making the return to the TRAVELLER if it was the case.

    • If the reservation has been manually registered in the system, it will be the CUSTOMER's responsibility to manage the cancellation always complying with the CANCELLATION POLICY and to make any returns if necessary.

      In any other case the management of the cancellation must be done by the CLIENT, always complying with the CANCELLATION POLICY, and make any returns to the TRAVELLER if applicable. If this management is omitted or not respected by the CLIENT, AVAIBOOK may temporarily withhold or refund the payments made to the TRAVELER through BDP.

      In the case of manual reservations managed by the CLIENT, the CLIENT is responsible for informing the TRAVELLER of the CANCELLATION POLICY and keeping documentary proof of acceptance.

      AVAIBOOK acts as a "trusted third party" that will always make available to the parties the Cancellation Policy accepted by the parties at the time of booking, if it is aware of it (BOOKING ENGINE and any reservation by CHANNEL MANAGER).

      Whatever cancellation policy is valid and agreed by both parties when making a reservation, AVAIBOOK shall always admit a bilateral agreement between the parties that may resolve the incident, rejecting any responsibility for this matter with any of the parties.

  • The CLIENT is responsible for fixing and fulfilling the RESERVATION CONDITIONS for all their accommodations. In the case of reservations processed through the AVAIBOOK BOOKING ENGINE, there are "framework" RESERVATION CONDITIONS which are published and accepted by the TRAVELLER when making the reservation through the BOOKING ENGINE.Within these "framework" RESERVATION CONDITIONS the CLIENT can define certain particularities according to their convenience, completing this configuration in the data of their ACCOMMODATIONS.
  • The CUSTOMER is responsible, in all their reservations, that the TRAVELLER knows the CANCELLATION POLICIES and BOOKING CONDITIONS and document the entire process, in particular and without limitation:
    • Identification of the holder of the reservation.
    • Acceptance by means of identification and signature of the reservation conditions.
    • Verification of any credit/debit cards used by the passenger to make payments associated with the reservation (BDP), verifying ownership and coincidence of the same with the data of the holder of the reservation.
    • Entranced document (check-in) signed by the TRAVELLER and companions who enjoy the reservation, as well as identification of all of them by means of DNI, Passport or document of equivalent legal validity. And if this documentary record is required to be made available to the security forces of each country or region, the CUSTOMER is responsible for doing so.

    • Acceptance on the part of the TRAVELLER by means of signature of each one of the possible charges made to their credit/debit card related to the reservation.

      AVAIBOOK may require from the CUSTOMER evidence of any documents and information indicated above. The CUSTOMER undertakes to provide such documentation and undertakes to keep documentary records for at least the legally required period as appropriate.

  • If there is a duly documented complaint to AVAIBOOK about the non-existence of fraudulent accommodation or publication, or non-compliance with booking conditions and/or cancellation policy, AVAIBOOK may keep the CUSTOMER'S BALANCE blocked until the CUSTOMER can duly document the case, and AVAIBOOK may, at its sole disposal, cancel the reservations affected, return the amounts charged and cancel the service to the CUSTOMER.

Booking engine

  • The CUSTOMER is responsible for configuring the BOOKING ENGINE on their website, as well as configuring and maintaining updated information on the accommodation shown (rates, calendar, photos, descriptions).
  • The RESERVATION ENGINE uses the CANCELLATION POLICY and RESERVATION CONDITIONS information that the CUSTOMER has to configure and maintain about their ACCOMMODATIONS as described in the operation of the MANAGEMENT SYSTEM.
  • OPERATING MODES: the CUSTOMER can configure the booking engine in "Direct booking" (ON-LINE) or "ON-REQUEST" mode. In case of setting "Direct booking" an online booking is automatically confirmed if the dates are available.In the case of "On request" the reservation will have to be accepted by the CLIENT.
  • In ON-REQUEST operation the CUSTOMER receives a notice by email and/or SMS and must accept the reservation within 24 hours. Otherwise the reservation will be automatically denied.
  • If the CLIENT chooses the "Direct Booking" mode, it is obligatory to keep the availability calendar permanently updated, in order to avoid overbooking. And in the event that the calendar is not updated and a duplicate booking is made, the CLIENT must give priority to the booking received through AVAIBOOK or failing that, provide the traveller with accommodation of equal or higher quality for the same or lower cost for the desired dates, taking care of the management and any additional cost that might be incurred (or reach a solution by mutual agreement with the traveler). The RESERVATION MOTOR always works on the configuration set by the CLIENT (free dates, rates, cancellation conditions, advance payment to be charged...) being the responsibility of the CLIENT to keep this configuration updated and accept the reservations received.
  • When a reservation is received, an amount determined by the CLIENT is charged as an ANTICIPUS to confirm the reservation, which will be charged by means of payment by Card or Transfer, depending on the CLIENT's configuration and the conditions of the way the reservation works (on request mode only accepts payment by card).
  • The CLIENT has to configure a specific BDP template that will be the one that AVAIBOOK will apply in case of receiving a reservation by the BOOKING ENGINE.
    • In this template it is obligatory to define an amount called ANTICIPLE which will be obligatory for the TRAVELLER to pay in order to be able to confirm a reservation.This advance payment applies regardless of the method of payment (card or transfer).
    • In addition to the advance payment, other charges can be defined for the REST of the reservation, which AVAIBOOK will charge to the traveller, in the case of having paid by card, on the dates and amounts that the CLIENT has configured and to the card registered in the reservation.
      • All these charges can only be configured to be executed after the deadline of the CANCELLATION POLICY guaranteed by AVAIBOOK.
  • COST OF THE BOOKING ENGINE: it has a variable cost depending on the following concepts (the CLIENT can use on-line reservations for their own website, or activate it for certain portals integrated with AVAIBOOK, which can charge a certain commission -point c-):
    • A variable cost for reserves in concept of administrative expenses, that by defect will be assumed by the CLIENT, unless the owner decides to configure it so that the traveller assumes it.The current rates will always be visible in the private area of the CLIENT (section my account->my plan).
    • Variable cost for BDP charges: A "financial" commission that depends on the form of payment for which the TRAVELLER pays the reservation (which will be calculated only on an amount that the CLIENT sets as an advance payment for an on-line reservation, and depending on the forms of payment that the CLIENT activates from among those that AVAIBOOK offers, being published the commissions of each form of payment in the section where the CLIENT can configure such forms of payment). If the client configures other charges in addition to the ANTICIPLE in their BDP, this rate will also be charged.
    • If occasionally a portal integrated with AVAIBOOK offers reservations through our engine, it is possible to charge a booking fee, in which case the commission will be charged to the CLIENT by AVAIBOOK (who will be responsible for liquidating the portal).If the client configures other charges in addition to the ANTICIPLE in their BDP, this rate will also be charged. In any case, when a portal charges a commission, it must inform the CLIENT, who must know and accept it in order to receive reservations from the PORTAL. In this case AVAIBOOK is a technological tool to the PORTAL and to the CLIENT and works according to the configuration set by these two parties, which are obliged to be informed and to accept the conditions under which AVAIBOOK has no responsibility.
    • When a reservation is processed by means of the BOOKING ENGINE, the CANCELLATION POLICIES and the RESERVATION CONDITIONS will be published to the TRAVELLER, which the traveler must have read and accepted in order to process the reservation, so that in reservations by this origin AVAIBOOK facilitates the fulfilment of this requirement by the owner.
      • These conditions are fixed as configured at the time of booking, which are applicable, and any subsequent modification is not applicable unless the CLIENT informs the TRAVELLER and the latter expressly accepts, in which case the CLIENT must be responsible for keeping a record of the acceptance of these conditions.
      • If the CLIENT makes any change in the reservation must be mutually agreed with the TRAVELLER and inform them.
      • The CUSTOMER may not charge any amount beyond those published at the time of booking, as to do so would contravene the conditions of booking.
    • In case of reservations received by the MOTOR AVAIBOOK is responsible for guaranteeing the TRAVELLER exclusively the CANCELLATION POLICY guaranteed by AVAIBOOK, protecting the amount paid by the TRAVELER at the time of booking (and later through BDP) up to the limit in which it would be in time to make a cancellation with the right to receive a refund. In such a case, AVAIBOOK manages the refund directly, subtracting the booking engine costs (online booking fee, "financial" fee for using the payment gateway and occasionally the portal's commission if there was one and it was "non-refundable").
    • The CLIENT is obliged to attend the reservations received through the AVAIBOOK BOOKING ENGINE, but exceptional situations may occur such as force majeure, in which case the OWNER may cancel a reservation. In such a case, the OWNER must pay some penalties calculated according to each booking and the cancellation reasons. In addition, the OWNER is obliged to communicate the circumstance directly to the TRAVELLER and offer other accommodation of similar or higher quality without any additional cost to him, or reach a particular agreement. In case of a cancellation made by the OWNER, being the money in the "owner's account", AVAIBOOK shall manage the refund to the TRAVELLER as a guarantee of return. It will deduct the booking engine costs (online booking fee, "financial" fee for using the payment gateway and occasionally the portal's commission if there was one and it was "non-refundable").
    • The TRAVELLER may cancel a booking via the web form mentioned in the confirmation booking email.
    • AVAIBOOK shall always keep a record of the cancellation policy valid and agreed by both parties when making a reservation, as well as the information proving that both parties admitted it, and since it plays an impartial role, it shall make available for both parties or their legal representatives, as well as for any official organism that so requires, the aforementioned records proving both parties' commitments when making the reservation.

Channel Manager

  • Through the CHANNEL MANAGER module the CLIENT connects the information of certain ACCOMMODATIONS configured in AVAIBOOK with their corresponding announcements in certain PORTALS (or CHANNELS) with which AVAIBOOK has developed synchronization.
  • AVAIBOOK does not take part in the commercial or contractual relationship between PORTAL and CLIENT, being simply a technological tool that the CLIENT hires and uses to maintain the information with the PORTAL in a more efficient manner. And therefore AVAIBOOK assumes no responsibility or intermediation of any kind between PORTAL and CLIENT.
  • The CLIENT assumes that they know how the different PORTALS they connect work, and the particularities of the synchronization with each one, since the synchronization with each one is particular and specific.
  • The information that is synchronized between AVAIBOOK and a connected CHANNEL is the information that the CLIENT has configured and maintains, either in AVAIBOOK or in the PORTAL, and for which they are always responsible. Understanding that certain information that is synchronized between several CHANNELS will be updated when it is updated by any of them (with some CHANNELS the synchronization of certain information is bidirectional), affecting this update to all other CHANNELS that update it. For example the availability calendar.
  • Some channels allow the synchronization of rates to have the "possibility to change", in this way the price sent to the PORTAL is modified, according to the rates configured in AVAIBOOK, in a factor that the CLIENT configures. In these cases the maintenance of the rates can only be carried out in AVAIBOOK, and never in the CHANNEL, to avoid inadequate modifications of prices.
  • The CLIENT is responsible for defining and maintaining the CANCELLATION POLICY and RESERVATION CONDITIONS in each of the PORTALS, and respecting them at all times for the reservations received by each portal. These policies should match or be compatible with the BDP charging rules defined in AVAIBOOK.
  • For certain CHANNELS where synchronisation allows downloading booking data including credit/debit card data, AVAIBOOK allows you to set up a BDP template which will be displayed when new bookings arrive from the PORTAL. The CLIENT is responsible for maintaining the said collection rules (BDP) in accordance with and always respecting the CANCELLATION POLICY and the RESERVATION CONDITIONS. And in the case of a cancellation of a reservation, for which charges (BDP) have been deployed (made or scheduled), the CUSTOMER undertakes to evaluate and respect the CANCELLATION POLICY, making in that case the returns of such charges and the cancellation of the charges that had scheduled and unexecuted.
  • Some channels use iCal synchronization technology. Such technology has certain limitations in terms of refresh frequency and the non-existence of a market standard, so the connection through iCal requires the CLIENT to understand well its operation, limitations and risks. AVAIBOOK rejects any responsibility generated by a problem in the iCal service of any CANAL.
  • Costs associated with the CHANNEL MANAGER: the SERVICE allows a limited number of PORTALS to be connected, according to the AVAIBOOK plan contracted. Within these limits, the use of the CHANNEL MANAGER has no additional cost in addition to the plan. There are certain CHANNELS considered "Premium" that can only be connected if the customer has contracted a payment PLAN (it is not possible to connect it for free or special PLANS). There are certain variable costs, depending on the case:
    • Variable cost per reservation downloaded, for those CHANNELS in which the synchronization allows us to load in AVAIBOOK reservation data (more information as well as simply closing availability dates).
    • Variable cost for BDP charges: the rates for the BDP service, if the CUSTOMER uses the same for CHANNELS in which we receive the card data.
  • In case of cancellation of a reservation that has been received by a CHANNEL, by default it is understood that the variable commissions that could have been generated (by downloading the reservation and/or by card charges (BDP), will not be reimbursable, unless otherwise specified in certain PORTALS.

Booking Direct Payments BDP (BDP)

  • The BDP service is a payment gateway that AVAIBOOK offers to the CLIENT integrating the technological platform of payments certified PCI DSS level I of Paytpv On Line Payment Entity, S.L. (PAYTPV) payment entity registered in the Register of Payment Entities of the Bank of Spain, with the number 6874; through which it integrates solutions for collection and custody of card data, with the security environment required by the brands of cards (Visa, Mastercard, American Express, JCB and Discover). The CUSTOMER knows and accepts it, within the scope of using the BDP service, the following obligations must be met:
    • Not to store the complete information of the magnetic band of the card in any support neither the codes or data of authentication that consist in the same one. Likewise, the entire card number cannot be stored. For these purposes, the CLIENT will only be authorized to store the number of the card in an incomplete manner that does not allow identification, the name of the cardholder, and the expiration date of the card. The CUSTOMER shall ensure that any data on a card that the CUSTOMER or a third party on their behalf is authorized to store or process is securely stored in accordance with the Security and Operating Standards at all times. Without limiting the generality of the foregoing, the CUSTOMER undertakes to use the information collected from a cardholder on the occasion of a card transaction exclusively for the purpose of processing a transaction with that cardholder or attempting to resubmit a retrocession in relation to such an operation.
    • Destroy or delete the supports or documentation containing transaction data with cardholder information once the legal periods during which these must be compulsorily conserved have elapsed. In the case that the conservation or storage of data is carried out by a third party service provider contracted by the CUSTOMER, this obligation will be transferred contractually.
    • To hold AVAIBOOK harmless from any claim from cardholders, Payment Systems, issuing entities or third parties for damages related to the processing of payment operations under this contract.
    • Guarantee, in any case, the confidentiality and security of the card data involved in the payment transactions processed under this Agreement. By way of illustration and without limitation, the CLIENT agrees to comply with all applicable laws, rules and regulations regarding the truncation or hiding of data of cardholders and expiration dates in receipts of operations processed in the BDP.
    • To comply at all times with the legal regulations applicable to the marketing of its services, including the codes specified in the particular conditions of conduct to which it adheres, having all the administrative authorisations necessary to carry out its activity and to adopt the technical and organisational measures that for regulatory requirements or prudential reasons are adequate to guarantee such compliance in a reasonable and continuous manner. In particular, the CUSTOMER must strictly observe all consumer and user protection and advertising regulations.
      • Declaration of activity: the CUSTOMER declares and confirms that the use of the BDP system will be used exclusively for the collection of the amounts of the reservations in their ACCOMMODATIONS and services directly related to them (such as bonds, taxes, etc.) and never for any other activity.
    • Refrain from offering products and services that do not meet all the requirements required by law or whose trade is illegal. Do not process transactions that are illegal. Refrain from distributing content or articles that: 1) may incite violence or discrimination for any reason, 2) violate the rights of the child or harm the normal development of the personality of children, 3) consist of gambling activities such as casinos, bingos, etc., through the Internet, 4) are sexually explicit or 5) damage the good name or reputation of AVAIBOOK.
    • Guarantee that their employees, agents and other authorized persons know the contents of this Contract and comply with the obligations that for the CLIENT derive from it, in particular with the rules governing the operation of Payment Systems, assuming full responsibility for the actions or omissions of such persons without limitation.
    • Communicate to AVAIBOOK the proposed or carried out operations that show signs of being anomalous, communication that will be done by the fastest means as soon as it detects those signs, so that the carrying out or repetition of irregular operations can be avoided.
    • Not to process operations that do not respond to the effective provision of the service offered by the CUSTOMER, being prohibited the use of payment systems that are made available to carry out operations aimed at self-financing.

    • To attend and resolve any complaint or claim related to the provision of the service whose payment has been made by card under these general conditions, not involving AVAIBOOK in its resolution and assuming directly before the claimant all the responsibilities that, where appropriate, correspond to the marketing of such services.

      The content of this Contract is completed by the rules and instructions that AVAIBOOK establishes, imparts or refers to regarding the security of card data and processed payment transactions and their successive modifications, as well as the technical instructions regarding the operation of the equipment necessary to accept payment with cards and their successive modifications (hereinafter the "Security and Operating Rules"), which the CLIENT is obliged to comply with. In particular, the following standards are considered as "Safety and Operational Standards": the Payment Card Industry Security Standards (hereinafter "Payment Card Industry Standards") promulgated by the Payment Card Industry (PCI) Security Standards Council (including, without limitation, the Payment Application Data Security Standard); the operational and security regulations established by the Payment Systems and their successive amendments (hereinafter the "Payment Systems Regulations"), including the Visa and MasterCard regulations. These Payment Systems Regulations can be found on the following websites: es.pciscuritystandards.org, www.visaeurope.com, www.visainternational.com and www.mastercardintl.com respectively, and the websites that will replace them in the future. The Payment Card Industry Standards can be found at: es.pcisecuritystandards.org, and the web pages that will replace them in the future. The CUSTOMER expressly acknowledges having accessed the previous links and websites and having read, prior to signing this Contract, the Systems Regulations and the Payment Card Industry Regulations, which they accept as binding and an integral part of the Contract for all purposes. Also, the CUSTOMER consents to the content of the Regulations of Payment Systems and Payment Card Industry Standards being modified as those are updated in the links and websites referred to above that the Commerce undertakes to verify periodically.

  • Likewise (if applicable to the contracted SERVICE), the 'Client' expressly acknowledges and accepts the general conditions established for the provision of the card acquisition service as a means of payment by Paytpv, and the general conditions applicable to the payment service provided by Paytpv.
  • Guarantee measures to safeguard the funds received from BDP collections in compliance with the regulations of Payment Entities (if applicable to the contracted SERVICE):

Paytpv shall safeguard the funds received from users of payment services or through another payment service provider subject to the procedure provided for in Article 10.1 a) of Law 16/2009 of 13 November on payment services. In particular, such funds shall at no time be mixed with the funds of any natural or legal person who is not a payment service user in whose name the funds are held and, if they are still in Paytpv's possession and have not yet been delivered to the beneficiary by the end of the business day following the day on which the funds were received, they shall be deposited in a separate bank account at a credit institution held by Paytpv, called "customer balances", under the terms set out in Article 17.2 of Royal Decree 712/2010 of 28 May.In accordance with the provisions of Article 10.1 a) of Law 16/2009, of 13 November, on payment services, users of payment services as holders of the funds shall have the right to separate the said account, in accordance with bankruptcy regulations, for the benefit of users of payment services, with respect to possible claims by other Paytpv creditors, particularly in the event of insolvency.

  • The BDP service allows the CLIENT to process credit/debit card payments to PASSENGERS who have reserved in one of their ACCOMMODATIONS through the BOOKING ENGINE or the CHANNEL MANAGER (for channels in which the integration includes the downloading of card data for the payment of the reservation).
    • The CUSTOMER is responsible for defining a collection template, which will be evaluated and executed when a reservation is received. At this moment, the BDP will securely store the card data, and will program the charges that the CLIENT has defined in their template, so that later attempts are made to execute against the stored card data.
    • The CUSTOMER may make charges, whether programmed or manual, to the card data stored in the reservation in question.
    • The BDP is PCI compliant and therefore will never display the card data in its entirety, but in a masked form. The CUSTOMER must not know, use or store the entire card data at any time and undertakes not to do so.
    • The CUSTOMER undertakes to use BDP only to collect the amounts related to the reservation in question, always in accordance with the RESERVATION CONDITIONS and complying with the CANCELLATION POLICIES. Not being able to charge more than the amounts established in the reserve.
    • Card details have always been entered by the TRAVELLER in the PORTAL, BOOKING ENGINE or technically PCI compliant pages. And this data will arrive via secure technical integration into the BDP service. The CUSTOMER undertakes not to use the BDP in any way that does not guarantee this security chain in the flow of card data.
    • AVAIBOOK is not responsible for the success of attempted collections, as there may be balance limitations or certain limitations on the card. When a collection fails, the CUSTOMER will be informed by e-mail.
    • If a charge fails and the CLIENT has to ask the TRAVELLER to change the card, the TRAVELER must guarantee to do so by a means that guarantees compliance with the security standards required by the brands of cards.
    • The funds resulting from the operations will be channelled through the AVAIBOOK BALANCE ACCOUNT, with the client's funds always remaining unbundled in a CUSTOMER BALANCE ACCOUNT supervised and managed by PAYTPV to ensure compliance with current regulations.
  • SERVICE COSTS: AVAIBOOK will charge a BDP usage fee based on the amount transacted.
    • The reference rate is 2% of the amount charged.
    • The processing of certain cards (according to their brand, type or origin) can carry an additional commission of 2%, always being informed to the CUSTOMER which are these cards in their private area.
    • These rates can be different according to the PLAN that each CLIENT has contracted and according to particular conditions with the same one.
    • By default and unless otherwise indicated, this SERVICE COST is non-refundable in case of cancellation of the reservation.
  • RISK CONTROL: The BDP system evaluates different control rules, as a result of which each operation has a level of risk or fraud scoring. This level of risk, in conjunction with other parameters, will determine the date of availability of the amount collected when it is taken to the AVAIBOOK BALANCE ACCOUNT (as explained in that specific section).
  • DOCUMENTATION: The CUSTOMER undertakes to document and verify all collection operations carried out through BDP.
    • It will be an obligatory condition that the CLIENT verifies the cards with which a TRAVELLER has paid any amount related to a reservation through BDP, having to verify the originality of the card, and identifying the holder of the same one.
    • The CUSTOMER must print and get the card holder sign the tickets or proofs of payment (available in AVAIBOOK) of all payments made through BDP.
    • In addition, the traveller must document the RESERVATION CONDITIONS signed by them, where the payment plan is reflected and there is agreement with the BDP charges made.
    • The CLIENT undertakes to keep the documentation for a minimum period of 10 years, complying with data protection regulations in force, and make it available to AVAIBOOK when required.
    • The CUSTOMER undertakes to cancel any payment made if they are unable to identify the cardholder and document the entire process, in order to prevent this operation from being reversed.
    • AVAIBOOK may ask the CLIENT for the documentation relating to any BDP charge and the CLIENT undertakes to provide it within a maximum period of 1 working day.
  • AVAIBOOK may request to return any operation to the CLIENT of which there are high risk indicators, a profile suspected of fraud, or of which the CLIENT has not been able to provide adequate documentation. If the CUSTOMER does not attend this retrocession AVAIBOOK may do so autonomously, always informing the customer. It may also apply future availability dates for the amounts of suspicious transactions in order to safeguard the funds for a prudential time against the risk of retrocession, or require the customer to provide a certain amount on their GUARANTEE ACCOUNT to cover such risks. And if the risk behaviour is very frequent or these requirements are not met, AVAIBOOK may cease the BDP service to the CUSTOMER.
  • Claims or Retrocessions: the CUSTOMER is aware that the card holder or the entity issuing the card with which a BDP transaction has been carried out, in accordance with the law and/or the Payment Systems Regulations, can claim and request the retrocession of the operation due to fraud or improper use of the card. To this end, the following clauses are provided:
    • Retreival Request or Fraud Confirmed: in the case that the holder of the card with which a BDP charge has been made or the issuing entity make a claim or communicate that the operation has to be catalogued as "confirmed fraud" AVAIBOOK will claim all the information relating to the charge in question from the CUSTOMER, who must provide it in full and complete within a period of less than 5 working days. Provided that the information provided is adequate AVAIBOOK will proceed to manage the response to that claim. AVAIBOOK may hold in custody an amount equal to the funds associated with said transaction if it estimates the risk that it may be reversed, for a maximum period of 45 days.
    • ChargeBack: if the holder of the card on which a charge has been made or the issuing entity carry out the retrocession.
      • The CLIENT accepts that they will be responsible for this amount, for which they authorize AVAIBOOK to charge it against their GUARANTEE ACCOUNT.
      • AVAIBOOK will claim all the information related to the payment in question from the CUSTOMER, who must provide it in full and complete within a period of less than 5 working days.
      • Provided that the information provided is adequate, and if after the study of the case AVAIBOOK estimates that the collection has been carried out correctly, and according to the CONDITIONS OF RESERVATION, it will proceed to the representation of the case and its follow-up.
      • If the case is resolved favorably for the CUSTOMER then AVAIBOOK will refund the funds associated with the AVAIBOOK BALANCE ACCOUNT.
      • AVAIBOOK reserves the right to charge a fee for the management and representation of retrocessions if it considers the frequency with which a CUSTOMER receives retrocessions to be high.
  • AVAIBOOK may use the CUSTOMER'S GUARANTEE ACCOUNT to hold a certain amount on deposit, as a guarantee, according to the use made by the customer of the BDP, to cover the possible risks of retrocessions, according to the risk levels shown by the customer and/or the operations carried out, according to the level of retrocessions and requests for information received regarding its BDP operations, according to the volume of the amounts traded, or any indicator that AVAIBOOK handles internally that advises it to do so for security reasons.
  • 3D Secure Environment (hereinafter 3Ds): this is a secure payment environment supported by certain card brands, through which it is verified that the payer is the actual cardholder by requesting a security code that only they know (depending on the issuing entity is a type - SMS, card coordinates, etc.).
    • The BDP service is compatible and allows to operate with 3Ds.
    • In order to operate by 3Ds, the payer must be present at the moment of the operation because the required security code is requested at the moment, and therefore it will not be possible to operate in this environment in programmed collections, in collections for reservations that arrive by XML channels, etc.
    • Whenever possible the CUSTOMER undertakes to operate in 3D environment.

Responsible for processing personal data

By making use of our tool, as your technology providers, we have the condition of being in charge of the treatment of personal data. You can check the obligations and rights that correspond to you in the Agreement of Manager of the processing of personal data.

AVAIBOOK links the present document and the use of the WEBSITE in general to this Legal notice, in which all aspects of the data protection policy, among others, are contained. And the CLIENT expresses to know and accept this Legal warning.

Travellers' clauses

Those specified in the BOOKING CONDITIONS when making a reservation. Since there is no registration or service offered by AVAIBOOK directly to the TRAVELLER, apart from allowing him to make an online booking of an accommodation property of an OWNER who uses AVAIBOOK.

Portals and Partners Clauses

  • Legitimacy: the PARTNER or PORTAL guarantees AvaiBook that he has the legal power and the necessary free disposal to integrate its service with AVAIBOOK's Platform, assuming the responsibility of providing authentic, accurate and permanently updated information about his identification and the services offered, related to the integration with AVAIBOOK.
  • Services offered: AVAIBOOK offers information synchronisation services (availability calendar, rates, other accommodation data) and booking engine to the integrated PORTAL. These services may be integrated through different options displayed in the PORTAL's private area, such as widgets, web pages, integrable at PORTAL's website iframes, and a number of XML or APL callbacks.
  • Information synchronisation: This service aim is to keep the important information of the accommodation automatically updated (such as the availability calendar) managed through AVAIBOOK, and also to allow advertising or the use of some of the PORTAL or PARTNER services. Bilateral synchronisation is possible.

  • Booking engine: This service aims to allow the PARTNER or PORTAL to send online bookings to an OWNER who uses AVAIBOOK, via the AVAIBOOK's booking engine. This service allows the PORTAL to determine a commission for every online booking confirmed (which can be refundable or not, in case of a booking cancellation). In addition, there are several settings the PORTAL can establish to define how the booking engine works with regard to the reservations made from its service. These settings are mandatory and prevail over those of the OWNER.

    The PORTAL is obliged to inform the OWNER in detail about the commissions(if any) and about its particular settings, when activating the PORTAL's service that may generate bookings via AVAIBOOK'S Booking Engine.

  • Limited liability: AVAIBOOK does not assume any responsibility in case of loss of service it may have due to technical problems, and it shall always try to have the maximum service availability. AVAIBOOK rejects any responsibility, with regard to the PARTNER or PORTAL services, that may be caused by acts oromissions, by any technical failure, loss of AVAIBOOK's service or any incorrect implementation of the services.
  • Particular conditions and services rates: the specific cooperation conditions between AVAIBOOK and the PARTNER shall be contained in a particular conditions document or a contract. The rates and fees of the services shall also be contained in this document.