These Conditions of Use referring to the website www.avaibook.com (hereinafter WEBSITE) are owned by AvaiBook on-line S.L., a company of Spanish nationality with registered office at c/ Bari 31, Ed. Technocenter Alpha office. 002. 50197 Zaragoza (SPAIN), registered in the Commercial Register of Zaragoza (SPAIN), volume 3774, book 0, folio 119, sheet 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: email@example.com.
Hereinafter we will refer to the person who checks availability or makes a booking, 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..
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.
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 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 makes available to the CLIENT a management software for holiday or hotel rental accommodation. The SERVICES catalogue (without limitation):
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.
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.
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.
Paycomet 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 won't never 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 Paycomet's possession and they 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 Paycomet, 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 Paycomet creditors, particularly in the event of insolvency.
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.
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.
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.