Legal Notice and Privacy Policy

1 - OBJECT
 

  1. These General Conditions applies, in the absence of other specific conditions, expressly agreed with the USER, the OWNER or PARTNER, to the use of reserve management platform of tourist accommodation housed in www.upbooking.com (hereinafter The Platform) and management software associated with it (the Software), both owned by MA-NO WEB DESIGN AND DEVELOPMENT S.L., with address at 31 de Diciembre,22 1Izq. 07004 Palma de Mallorca. Entered in the Mercantile Registry of Palma de Mallorca, on 2/2/2012, Volume 2485, Folio 127, Page PM-68883, 1st entry. - CIF: B57742694 Intl: ESB57742694 (hereinafter UPBOOKING).
  2. The Access and registration to the Platform, use of services and resources of the same and of the products or services that through it can be obtained, are entirely voluntary and involve explicit acceptance of all the conditions established in these General Termsand Conditions in the version published from time to time without prejudice that access to a specific service may require the acceptance of additional Particular Conditions, UPBOOKING reserves the right to modify these Terms of Use at any time.


2 - PURPOSE
 

  1. The platform is designed as a software that lets you manage bookings in tourist accommodation and rentals in real time, providing services to the OWNERS of such accommodation companies, to the companies that managing online portals and to final USERS, allowing OWNERS maintain permanently updated their availability calendar on all websites where thay advertise their accommodation. At the same time, allows OWNERS and Reserve Management Portals to manage online bookings for accommodation.


3 - USERS
 

  1. For USER we mean the person who uses the platform in any way, corresponding to any general profile when not otherwise specified, and in the detail, the profile of a TRAVELLER when these Terms and Conditions are accepted at the time of making a reservation. In particular we refer to OWNER as the USER that makes use of it to manage their accommodation and reservations, and as PARTNER or PORTAL, the USER that manages tourist booking portals and use the platform to manage any of their services.
     
  2. To access the services offered from the platform is required a registration. Minors who wish to register must first obtain the permission of their parents, guardians or legal representatives, who will be responsible for all acts performed in the Platform by the minor.


4 - INFORMATION SUPPLIED BY THE USER TYPES
 

  1. The USER is responsible for the accuracy, validity and accuracy of any information, text, data or images provided during registration or use of the Platform, as well as on the availability of services ("Resources"), UPBOOKING reserves the actions planned in Clause 5.4. if checking the inaccuracy or untruthfulness of such data.
     
  2. The USER guarantees to UPBOOKING which is the legitimate OWNER or have the right of free disposition over the Resources and that they respect the rights of privacy, copyright, patent, trademark, know-how and all other rights of intellectual property of others, and do not violate any rules. The USER is solely responsible for any claim by a third party claiming to have rights and indemnify Resources UPBOOKING for all damages, in the event that it has to deal with third party claims arising from the infringement of such rights.
     
  3. The USER assigns to UPBOOKING rights of reproduction, distribution and public communication of the resources, both physical and digital support.
     
  4. The USER undertakes to not introduce in the Platform resources contrary to law, morality, public order and the present General Conditions of Use and to the Special Conditions where aplicable. By way of example, and in no case limiting or excluding, the USER undertakes to:
    1. Not introduce or spread data programs (viruses and harmful software) susceptible to cause damage to the computer systems of ISP, its suppliers or third USERS of the Internet.
       
    2. To not diffuse, transmit or make available third party resources constituting unlawful or unfair advertising or involving unfair competition..
       
    3. To not transmit unsolicited or unauthorized advertising, promotional materials, "junk mail", "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as commercial areas) that have been specifically designed to it.
       
    4. To not introduce or spread false information and content, inexact misleading to others.
       
    5. To not diffuse, transmit or make available third party resources that violate the rights of intellectual property of others.
       
    6. To not diffuse, transmit or make available to third parties any resource that is in violation of the secrecy of communications and regulations of protection of personal data.


5 - DUTY OF CONFIDENTIALITY OF USERS
 

  1. USERS due diligence will guard access codes to the platform and will not allow others access to it from their accounts. In case of detecting the use of account by others or the loss, theft or disclosure of password, the USER must inform UPBOOKING inmediately. In no event UPBOOKING is responsible for loss of data or breach of confidentiality thereof, or for any consequences arising out of USER's impersonation, if they neglect in the custody of the keys provided to USER or it does not take the aforementioned communication to UPBOOKING.
     
  2. USERS not copy, modify or alter the code, contents or design of the platform or interfere with the proper working of the same. It is forbidden the making of "framings" UPBOOKING without consent.
     
  3. The USER agrees to not impersonate a third party access to the platform, to not attempt to access sections where not authorized and do not use any eventual illegal security flaw in it, or try to provoke.
     
  4. Any infringment of these obligations allow UPBOOKING to remove the right of access of the USER to the platform, removing the passwords, canceling orders, or even eliminating any resource published by the USER, at their discretion.


6 - ADVERTISING
 

  1. UPBOOKING may insert in the Platform any kind of advertising considered relevant to the USERS, agreeing to not provide personal information to these advertisers, unless anonymous statistical data on the use of the Platform, in order to improve service and offer products and services tailored to the expectations of the USERS.
     
  2. UPBOOKING informs USERS that advertisers and suppliers that make use of cookies, can obtain information on the uses of the Platform made by USERS and their movements through the web, UPBOOKING becoming not responsible for the consequences that might result from such uses, or the collection of this information.


7 - STATISTIC DATAS
 

  1. UPBOOKING may use the information contained in the Software and collected from the platform for developing any type of statistics related to the occupancy, overnight, Capacity, number of reservations, availability, origin of the USERS, contracted services and demand, remain these datas information and results property of UPBOOKING, and allowing to inform, offer or sell such information to third parties without there being any consideration to the USER. These data will always be general, so that YOU can not be identified or the establishment of which have been obtained.


8 - SAFETY
 

  1. UPBOOKING maintains in the Platform all the technical support at the disposal of USERS to prevent loss, misuse, alteration, unauthorized access or theft of personal data and information provided by USERS, without prejudice to the measures of Internet security be impregnable, circumstances accepted by the USER.
     
  2. UPBOOKING security protect USER personal information during data transmissions using software SSL (Secure Sockets Layer), which encrypts information entered by the USER.


9 - LIMITATION OF LIABILITY OF UPBOOKING
 

  1. Incorrect use of the Platform: access and correct use of the resources and services offered by the platform are direct responsibility of the USER, UPBOOKING can't be considered responsible by improper, illegal or negligent use made by any USER.
     
  2. Continuity of Service:: UPBOOKING not guarantee the availability, access and continuity of the Platform or Software, so will not be responsible, within the limits established in the existing legal system, of the damages caused due to USER unavailability, failure of access and lack of continuity of the same.
     
  3. Resources: UPBOOKING doesn't guarantee the truthfulness or accuracy of the resources published by the USER in the Platform, its origin or OWNERShip, or the use or application of the same practice that make the USERS, is special in relation to the information on accommodations published by the OWNERS or PARTNERS, declining any responsibility UPBOOKING. Any USER can inform any violation detected UPBOOKING to take the measures it deems appropriate, including those referred to in Clause 5.4. if it finds any violation of these Terms.
     
  4. Links: the Platform may contain links to other websites, UPBOOKING is not responsible for their contents or for any consequences arising from the wrong usage of the platform made by USERS.
     
  5. Virus: UPBOOKING undertakes to implement all necessary measures to try to ensure the USER the absence of viruses, worms, Trojan horses and the like on the Platform. However, these measures are not infallible and therefore UPBOOKING not guarantee the absence of such harmful elements, declining any responsibility for the damage that they could produce the USER or others.
     
  6. Contracts with third parties through the Platform:The USER acknowledges and agrees that any contract or tort that can formalize with advertisers or third parties contacted through the Platform is at your own risk and therefore assumes no responsibility UPBOOKING type whatsoever for any loss or damage of any kind incurred as a result of their negotiations and relations with third parties in contract or tort contacted through the Platform.
     
  7. Amendment and suspension of the Platform: UPBOOKING reserves the right to modify at any time the look, content and functionality of the platform, to modify or suspend services temporarily or permanently and to change at any time and without notice its General Conditions Use, for reasons of adaptation to existing legislation or other reasons not responsible for technical failures or interruptions of the services offered. The USER can access at all times to the current version of these Terms of Use from the "Legal Notice" of the Platform. Since the use of the platform by the USER shall be construed as acceptance of the Terms of Use in force at the time, it is recommended to USER to proceed to a periodic review of such notice.


10 - INTELLECTUAL PROPERTY RIGHTS AND INDUSTRIAL
 

  1. Both the Software Platform design and source code, logos, trademarks and other distinctive signs appearing therein, belong to UPBOOKING or its suppliers and are protected by the copyright of intellectual property. Your use, reproduction, distribution, public communication, transfer, processing, reverse engineering or any similar activity is strictly prohibited without express written permission of UPBOOKING or its OWNER.
     
  2. The contents of the Platform introduced by UPBOOKING in any format are also protected by intellectual property rights of this or its suppliers. Its use or reproduction shall be permitted only in the area of ??express contractual relationship.


11 - PROTECTION OF PERSONAL DATA
 

  1. File: In compliance with the European Directives and Spanish Organic Law 15/1999 of 13 December 1999 on Protection of Personal Data (LOPD) and Spanish Royal Decree 1720/2007, of 21 December, approving the Regulations implementing the Act, UPBOOKING informs USERS that the personal data provided to us will be stored in a computer file called "UPBOOKING DATABASE SERVICE" located on our servers, registered in the General Registry of the Spanish Data Protection Agency and whose responsibility is UPBOOKING.
     
  2. Purpose of data collection: UPBOOKING uses this personal information to provide services to the USERS, email related to the service, contact the USER when the service requested requires so and keep them informed of developments and improvements; . The OWNERS data will be available to the USERS and PARTNERS using the Platform.
     
  3. Consent and rights of access, rectification, cancellation and revocation: The USER, by accepting this legal notice, consent to your data being used for the purposes stated in the preceding paragraph and, therefore, as applicable, for the management UPBOOKING your registration and maintenance and development of the relationship with UPBOOKING as registered USER.

    The USER is responsible for the accuracy of the information provided and shall be solely responsible for any loss or damage, direct or indirect that may arise to any person due to the completion of forms with false, inaccurate, incomplete or outdated . UPBOOKING reserves the right to (i) edit or delete the personal data registered if it finds that they are inaccurate, in whole or in part, or incomplete, and (ii) to exclude from the registered services to any USER of the verification that has provided false information, without prejudice to other actions stipulated by law.

    The USER can exercise the rights recognized in the LOPD of access, rectification, opposition and cancellation through a cancellation request form that UPBOOKING offers. The signed written request must be sent by post to the attention of UPBOOKING at the following address: c / del Ter, 27 Under 4I. 07001 Palma de Mallorca., Enclosing a photocopy of the ID of the USER. UPBOOKING adopted the levels of security required by the Regulation implementing the Organic Law on Data Protection approved by Royal Decree 1720/2007 of 21 December. Nevertheless, technical security in an environment like the Internet is not impregnable and can be leaks due to misconduct of others.
     
  4. Treatment of Datas:

    Applicable to TRAVELER profile (acceptance of these Terms and Conditions at the time of your reservation):

    The data provided by the USER in the portal UPBOOKING may only be processed for the purpose of managing the reserve must send confirmations or information concerning your booking and / or cancellation thereof. It is not allowed to use the USERS data for advertising or promotional purposes, unless specifically requested by the USER.

    UPBOOKING undertakes to treat personal data USERS as established in Law 15/1999, of December 13, Protection of Personal Data and its implementing regulations.

    Once the reservation is made, UPBOOKING PARTNER communicate to yourself the book was started (if applicable) the email address of the USER to make the reservation provided in order to request the USER is your opinion about the selected facility. To do this, UPBOOKING undertakes to report that fact to the USERS prior to the completion of the reservation. The PARTNER shall inform the origin of the data at the time of requesting such opinion and is committed to treating its USERS data at all times fulfill the provisions of the Organic Law 15/1999, of 13 December, Data Protection personal.

    UPBOOKING can treat these data and communicate or transfer the data to their service providers or clients, for the proper provision of services offered from the Platform or for the fulfillment of legitimate interests of PARTNER. UPBOOKING undertakes to introduce a clause in contracts signed with third recipient of such data assume the obligation to inform USERS received data transfer, the purpose of the transfer and the origin of the data, ensuring their rights of access, modification and cancellation.

    Applicable to OWNERS or PARTNERS profiles:

    By completing Platform register USERS consent to receive special offers and promotions UPBOOKING on services of its purpose. UPBOOKING can treat these data and communicate or transfer the data to their service providers or clients, for the proper provision of services offered from the platform. UPBOOKING undertakes to introduce a clause in contracts signed with third recipient of such data assume the obligation to inform USERS received data transfer, the purpose of the transfer and the origin of the data, ensuring their access rights, modification and cancellation.

  5. Medidas de seguridad: UPBOOKING adopt in every moment, respect for the file containing personal data, security measures basic, medium or high, depending on the type of data, established by Royal Decree 1720/2007 of 21 December, and will reflect the measures in the Security Document.
     
  6. Cookies: Every USER can visit the Platform without showing their identity and without disclosing personal data. UPBOOKING Web servers can only collect domain names, email addresses never visitors. This information is used for statistics site visits, the time it remains there, the pages visited, each USER generic origin (through bookmarks, a search engine link from another site) and solely for the purpose of determining the use of the Platform and improve their content and services.
     
  7. Third Party Data: If the USER hires any services offered through the Platform on behalf of a third party or do as a travel agency, tour operator, reservation center, PARTNER, acquaintance, or friend, the USER is responsible for obtain the express permission of the third, both for hiring services to insert personal data on the same platform and guarantees UPBOOKING duly informed that the third party of any and the impact on the protection of data contained in these General Conditions, and the third, for all purposes, you receive the same treatment as the USER.


12 - SPECIFIC OBLIGATIONS
 

  1. The platform is free public use and any USER can access the information presented and make use of any of the functions for which free-form registration required. UPBOOKING reserve the possibility that some of the services offered are unique to the USERS Registered by completing the registration form for USERS that is available to any USER. Assuming in each case the TOS of each profile, or SPECIFIC OBLIGATIONS:
    • Terms of Use for OWNERS of Accommodation.
    • Terms of Use for USERS or TRAVELLERS who make bookings in through UPBOOKING Accommodation (hereinafter TRAVELERS) will be accepted booking conditions when making a reservation.
    • Terms of Use for PORTALS AND PARTNERS.


13 - APPLICABLE LAW AND JURISDICTION
 

  1. These Terms of Use are governed by Spanish law.
     
  2. If in doubt, dispute or dispute concerning the interpretation or application of any of these General Conditions and any matter relating to the services of the Platform, UPBOOKING and the USER, expressly waiving any other applicable jurisdiction and agree to submit to the Courts of Palma de Mallorca, Baleares, Spain.

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