Algemene voorwaarden en condities

1. IDENTIFICATIE VAN BEIDE PARTIJEN

De voorwaarden en condities zijn beschreven voor de toegang tot de website van Vallecid SL, IATA nummer 78297041 en licensie nummer IC-89 en hierna vernoemt als Vallecid S.L., Av Ernesto Sarti, Parque Royale 19 , 38660, Adeje, Tenerife, met belasting nummer B-38060786, over de individuele gebruiker die de pagina bezoekt om informatie te verkrijgen of om een service te huren wordt hierna vernoemt als GEBRUIKER.
Om deze website te gebruiken dient de GEBRUIKER akkoord te gaan met alle algemene voorwaarden en condities, zo ook de specifieke condities geassocierd met bepaalde services door te drukken op de knop onderaan het inschrijfformulier “Ik heb de voorwaarden en conditities gelezen en accepteer deze".
In het geval dat de GEBRUIKER de condities en voorwaarden niet accepteerd, kunt u de website en de services van Vallecid SL sluiten. .

2. DOELEN VAN AANGEBODEN SERVICES.

Vallecid offers its services through the use of www.nizatours.com , www.viajesniza.com , www.tenerife.com , www.canarias.com ,www.quehotel.com , www.tuestancia.com, from which the user is offered tourism related services. For provision of these services, Vallecid, as a travel agency, possesses all necessary permits and licenses for its business operations. These general conditions of use regulate the generic use of the portal, as well as the effective hire of hotel reservation services. Nevertheless, the hire of a concrete reservation shall be subject to the specific terms and conditions that are established for each case.
Likewise, the User consents to accept and respect the terms and conditions of purchase that are established by any hotel entity that the User chooses to hire, including but not limited to, the payment of any accrued amounts and compliance with any rules or restrictions regarding applicable fees, products or services. In the event that special rules or restrictions exist that affect the particular fees, products or services selected by the User, such special rules or restrictions shall be declared to the User on the screen before proceeding with the reservation.

3. PRODUCT OR SERVICE PROVIDER RESPONSIBILITY

Vallecid does not accept responsibility in any way for damages or detriment that could arise from the services or products acquired from the web that are not directly provided by Vallecid.
Notwithstanding the foregoing and in order to facilitate restitution to the USER, if appropriate, Vallecid retains information regarding every provider at the disposal of the USER in the case of damages or detriment.
The preparation and updating of information regarding offers, products or services, prices, features and any other relevant data or information regarding the products and services offered through the Web site correspond to the respective product providers or hotel entities, without Vallecid being responsible for the maintenance, revision, supervision, or updating of such information, nor being responsible to verify that it is updated, reliable, accurate or complete.
Within the scope of its respective obligations, each provider shall be responsible to the User for complying with the obligations that arise from applicable regulations and with the terms and conditions of sale of each one of the products or hotel reservations that are hired, without Vallecid assuming any obligation nor responsibility regarding those products or services that it does not directly provide.

4. MODIFICATIONS.

The portal reserves the right to modify, limit or cancel the aforementioned terms and conditions applicable to the website, provided that notification is made at least 15 days in advance. The advance notice shall be made by means of a pop-up window that shall open upon accessing the page, or a notification to the user that shall be made prior to the modification, limitation, or cancellation.

In exceptional circumstances, this web portal reserves the right to cancel the reservation due to mistakes in rates and mappings. If the reservation is partially or fully paid, the customer will be reimbursed. In any case the client will be duly informed.


5. CONDITIONS OF ACCESS AND USE OF THE PORTAL.

5.1. Technical requirements for access: To access the Portal, the USER must have access to the INTERNET, pay the corresponding access and connection fees and have the computer equipment and systems necessary to connect to the INTERNET, including a terminal that is adequate for such purpose (computer, telephone, etc.) and a modem or other analogous or similar device.
The proper access and use of determined Portal contents and services involves downloading certain programs or applications to his/her computer. Said installation shall be the responsibility of the USER, and Vallecid does not accept any type of responsibility that could arise from such activity.

5.2. Obligation to make proper use of the Portal, Services and Contents:
a) The USER commits to use the Portal, Services, Contents, and these General Conditions in accordance with law, morals, decency, and public order. The user is bound to use the Portal, Services and Content in a diligent, proper and lawful manner, and in particular, commits to refrain from:
1/ Reproducing or copying, distributing, allowing public access through any means of public communication, transforming or modifying the Contents, except for that which proves to be legally allowed or unless he/she has the authorization of the holder of the corresponding rights; 2/ Suppressing, eluding or manipulating the "copyright" and other information identifying the rights of the titleholders incorporated in the Contents, as well as the technical protection devices, or any other information mechanisms that the Contents could contain. Likewise, the User is obliged to diligently guard and maintain the passwords provided by Vallecid confidential and to assume the consequences or economic damages arising from a lack of diligence in guarding them. b) THE Vallecid PORTAL does not control nor guarantee the absence of viruses or other items in the Contents that could produce alterations in the user's computer system (software y hardware) or in the electronic documents and files stored in the User's computer system.

5.3. Denial and withdrawal of access to the Portal and/or Services:
Vallecid reserves the right to deny or withdraw access to the Portal and/or Services at any time and without the need for prior notification to those USERS that do not comply with these General Conditions.

5.4. Use of the services offered in the Vallecid Portal in accordance with the Unsolicited Advertising Policy regulated in the Information Society Services and E-Commerce Law (LSSICE, abbreviation in Spanish) The USER and Vallecid are obliged to use the Services in accordance with the Unsolicited Advertising Policy, and in particular, they commit to:
- Not send chains of unsolicited e-mails.
- In the event that advertisements are sent by Vallecid to the Users, they shall be sent with the word “advertisement” to avoid misleading. Individuals harmed by the reception of unsolicited messages directed to numerous people may communicate the situation to Vallecid by sending a message to the address: contacto@canarias.com

6. RESPONSIBILITIES.

a) In addition to the responsibilities indicated in the fourth condition of these general conditions of use of the portal, Vallecid shall not be made responsible directly nor subsidiarily for:

- The quality of service, speed of access, proper function, availability nor continuity of functionality of the portal.
- Information entered by users, collaborators or third parties.
- Damages that could be caused to the USER's computer by using the portal.
- The reliability, accuracy or updating of information regarding offers, products or services, prices, or any other relevant data or information regarding the products and services offered through the web site by service and product providers and hotel establishments.
- Likewise, Vallecid is released from any liability arising from non-compliance or flawed compliance by the product or service providers and/or hotel entities with the obligations arising from valid regulations and the terms and conditions of sale of each product that is hired through the PORTAL.
If complications arise regarding reservations, confirmations and/or the execution of any service hired through the PORTAL due to an act of god (including but not limited to political or economic disorders or instabilities that affect security) resulting in circumstances that cannot be foreseen nor resolved by Vallecid, including if fulfilment of some of the agreed upon services is made impossible, t he client waives the right to present any type of existent or future claim against Vallecid due to these complications or non-fulfillment, unless a lack of professional diligence by the aforementioned company is proven.
-Non-compliance with law, morals, generally accepted decency or public order resulting from the transmission, broadcasting, storage, reception, disclosure, acquisition or access to the contents.
- Infraction of industrial and intellectual property rights, of rights to honour, of personal and family intimacy and of images of individuals (photographs), and of property and any other rights that pertain to a third party resulting from the transmission, broadcasting, storage, disclosure, reception and acquisition or access to the contents.
- Vallecid shall not be responsible for the information contained in the links and hypertext that make it possible for the USER to have access to features and services offered by third parties through www.tenerife.com and www.canarias.com which do not pertain to nor are under the control of Vallecid, nor for any other consequences that could arise from said information.
- Faults or defects in the contents of any kind that are transmitted, broadcasted, stored, or disclosed.

b) Responsibilities of the USER:

- From carrying out any type of unlawful, harmful and/or damaging actions, or actions that infringe upon rights.


7. PRIVACY POLICY

As a result of registering as a user of the Services in our website, the user accepts that the personnel information that he/she provides or that he/she may provide in the future through said service are subject to processing in an personnel data file for which Vallecid S.L. is responsible, residing at Av Ernesto Sarti, Parque Royale 19, 38660, Adeje Tenerife.
Information registered as such may be used for providing and administering Vallecid services, processing reservations and billing products and services through tenerife.com and canarias.com, call centres, mobile communication centres based on GSM, GPRS or UMTS technology, incidents management, calculating statistics, remitting advertisements and other commercial promotions by means of e-mail, SMS, MMS or any other analogous means by Vallecid S.L, conducting contests with prizes and subscription to Vallecid S.L informational newsletters.
The titleholder of the data shall have the right to access the automated data file at any time, being entitled to exercise the rights of modification, cancellation, and opposition under the terms recognized in information protection regulations. For this purpose, the titleholder of the information must send an e-mail from the address that he/she used to register with contacto@canarias.com to modify, cancel or oppose his/her data being included in the electronic files of Vallecid, indicating the action that it is being requested. In the event that said e-mail address is inaccessible to the user, it must send the request by postal mail to: a) Av Ernesto Sarti, Edf Parque Royale 19, Nizacars, 38660, Tenerife , in which case the communication must be a signed and certified letter indicating the actions that is requested and include a photocopy of the sender's National Identification Document.
The delivery of all required information is obligatory to register as a user except in the case that the registration form specifies the contrary. Vallecid may negate the registration of the interested party that does not provide this information. Likewise, the user is informed that for the hire of available products and services, Vallecid is required to communicate the user's personnel information to the providers of the products and services elected by the user, who shall be required to use the information only and exclusively to fulfil the contract.
Likewise, and for the purposes of the provisions of article 34.e) of Constitutional Law 15/1999 of 13 th December regarding the protection of personnel information, the User provides his/her consent for Vallecid to transfer the information to the recipients under the aforementioned terms and conditions to any country word wide, including those that do not offer a level of protection comparable to the Constitutional Law on the Protection of Personal Information. The consent of the user for the processing and concession of his/her personnel information shall be revocable at any time through written communication sent to the party responsible for the electronic file in the manner previously mentioned. Finally, the User is informed that his/her information shall be treated confidentially and stored in servers that comply with the requirements established by Spanish Law regarding the protection of information.


8. INTELECTUAL AND INDUSTRIAL PROPERTY.

The totality of this website including text, images, trademarks, graphics, logos, buttons, software archives, colour combinations, as well as the structure, selection, order and presentation of its contents, are protected by Intellectual and Industrial Property Laws prohibiting their reproduction, distribution, public communication and transformation, except for personnel and private use, as is the total or partial reproduction, retransmission, copy, concession or broadcasting of the information contained in these pages for any purpose and means of use.
By way of accepting these conditions, the User who enters reviews or commentaries in the PORTAL accepts to cede non-exclusive rights, perpetual and exempt from copyright, irrevocable and totally transferable to third parties to use, reproduce, modify, adapt, publish, translate, create derivative products, distribute and exhibit said reviews and commentaries on a world wide level and through any means of communication to Vallecid and to other Grupo Vallecid companies. He/she shall also concede the right to use the name that accompanies such review or commentary to Vallecid and to the other Grupo Vallecid companies and sub-licensees in relation to such review, if appropriate.


9. MINORS.

The access and use of the portal by minors without the express consent of their parents is prohibited. Vallecid shall not be made responsibility for the reliability and accuracy of the information supplied by the USER and therefore cannot verify the age of USERS.
Vallecid reminds users of legal age that have minors at their charge that it shall be their exclusive responsibility to determine what services and/or content are or are not appropriate for the age of such minors.
Vallecid informs them that there are computer programs that allow them to filter and block access to certain contents and services in such a way that parents may, for example, decide what Portal content and services their children may or may not have access to.


10. POWER.

These conditions have been drafted in Spanish and are subject to valid Spanish Law. Regarding any type of dispute arising from the use of services offered or contents of the portal, the parties, having accepted these conditions, shall submit such dispute to the Tribunals of Adeje and Tenerife (Spain).


11. LOWEST RATE GUARANTEED.

If you find a cheaper hotel rate in any web, between the next 24 hours after your reservation has been made, Vallecid will refund you the difference:
- Our minium rates our apllied in any of our web sites,canarias.com, tenerife.com, quehotel.com
- The tarif must be refered to the same hotel and must have the exact terms and conditions. This offer will be not valid if the price is offered by the hotel directly.
- Complaints must be done between the next 24hours after the reservation has been made and has been paid for. Please contact our department 902-995-950