TERMS & CONDITIONS
GENERAL TERMS & CONDITIONS
GENERAL INFORMATION
RIU BOOKINGS, S.L.U. is a travel agency that operates under the trademark “RIUAGENTS.COM” (hereinafter known as “RIUAGENTS.COM”) domiciled at Avenida Gran Canaria, 22, 35100 Playa del Inglés, San Bartlomé de Tirajana, Gran Canaria, Spain, registered in the Companies Office (Registro Mercantil) of Las Palmas on Book 1879, Folio 41, Sheet GC39951, with Spanish Tax Identity Number (C.I.F.) B-35978311 and with Identification Code as Travel Agency, under the Wholesale/Retail Travel Agency Group IC-107, issued by the Tourism Regional Ministry of the Regional Government of the Canary Islands. You may contact “RIUAGENTS.COM” at the following email address webmaster@riu.com
The use of the website “RIUAGENTS.COM” and of the services and products therein offered and/or contained, implies User’s acceptance of these General Terms and Conditions and of the rules of use as amended from time to time. It is therefore important for User to read these rules upon each visit to the website, as well as the specific terms and conditions for a given product or service, which must also be accepted.
TERMS OF USE
1. Foreword. “RIUAGENTS.COM” offers information in its website concerning its activities, products and services. This website and any other webpages contained therein offer information about the Hotels that you may book through “RIUAGENTS.COM”. Access to and use of this website implies your acceptance of these Terms of Use, so we recommend that you carefully read this section before starting. “RIUAGENTS.COM” reserves the right to amend, modify, add or delete from time to time, totally or partially, these Terms of Use and to make changes to the products and programmes without prior notice to you. Please check these Terms of Use on a regular basis for any possible changes.
2. Restrictions of Use. Use of this website is restricted to Travel Agencies. Registration of the travel agency on “Register” is required. Please fill in the form with all the required information and accept these Terms of Use.
3 Disclaimer. “RIUAGENTS.COM” shall not be liable for losses or damages whatsoever arising from the access, use or misuse of the contents of this website.
Information is provided through this website on an “AS IS” basis. “RIUAGENTS.COM” disclaims all warranties, whether express or implied, relating to the information contained in this website. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you.
The use of this website is at your own risk. In no event shall “RIUAGENTS.COM” or its representatives and agents be liable for any losses, damages or expenses, direct, indirect, special or causal, in any manner connected with or arising from the usage of this website or of any information of “RIUAGENTS.COM”. User hereby expressly renounces any claim against “RIUAGENTS.COM” arising from the use of this website or of any information provided in the website of “RIUAGENTS.COM”.
4 Disclaimer on website contents. “RIUAGENTS.COM” shall not be liable for any possible discrepancies that may arise between the printed and electronic version of documents published at this website.
Documents and photographs published on this website may contain technical or typographical inaccuracies. The information is subject to change from time to time and “RIUAGENTS.COM” reserves the right to improve or change its products and programmes herein described at any time.
“RIUAGENTS.COM” makes no representations on the accuracy of information that is produced by third parties or that is provided by other sources and assumes no liabilitiy for any damages that may arise from the use of the aforesaid information.
5 Copyright and Intellectual and Industrial Property Rights. This website contains and makes reference to registered trademarks, patents, trademark secrets, technologies, products, procedures and other property or license rights of “RIUAGENTS.COM”. No licence or utilisation right is hereby given on any of the registered trademarks, patents, trademark secrets, technologies, products, procedures and other property or license rights of “RIUAGENTS.COM”. The contents of this website, including but not limited to text, graphs, logos, icons, images, data compilations as well as software is the exclusive property of “RIUAGENTS.COM” and protected by international copyright law.
“RIUAGENTS.COM” reserves the right to court actions, whether civil or criminal, against those persons or corporations, or their representatives, who violate the provisions of these Terms of Use , in particular in connection with copyright.
This website is not addressed for the distribution, use or access of persons from jurisdiction where access to this website may cause “RIUAGENTS.COM” to violate any law or regulation in the said jurisdiction.
6 Links. “RIUAGENTS.COM” accepts no liability for the information contained in third party websites that may be accessed through links or search functions of “RIUAGENTS.COM”. The presence of links in the website of “RIUAGENTS.COM” is merely informative and cannot be construed as a suggestion, invitation or recommendation in connection thereto.
7 Data Processing. “RIUAGENTS.COM” guarantees the confidentiality of personal data provided by Clients and their automatic processing in accordance with the laws on personal data protection and in particular Ley Orgánica 15/99, of the 13th of December, on Personal Data Protection. The Client may exercise his/her right of access, amendment, cancellation and objection at the central offices of “RIUAGENTS.COM” situated in Avenida Gran Canaria, 22 35100 Playa del Inglés, San Bartolomé de Tirajana, Gran Canaria, Spain or by sending an email to webmaster@riu.com. You may find more information on data protection under our Privacy Policy.
8 Unauthorised or Unlawful Use. As a condition for use of this website, User warrants to “RIUAGENTS.COM” that he/she shall not use the website for purposes that are unlawful or unauthorised under these Terms of Use.
9 Other Conditions. The use of this website does not imply the existence between “RIUAGENTS.COM” and User of any agreement, contract, commitment, labour relationship, association or agency. “RIUAGENTS.COM” reserves all rights that are not expressly transfered.
10 “RIUAGENTS.COM” disclaims all liability arising from the exchange of information from User to User through its website. The author of communications posted or broadcast through the website of “RIUAGENTS.COM” shall be liable for their contents.
All communications that User may send to “RIUAGENTS.COM” in connection with the information of “RIUAGENTS.COM”, including but not limited to questions, comments, suggestions or similar are subject to the following: a) User shall not have any right to the confidentiality of its communications and “RIUAGENTS.COM” shall be not be under any obligation to protect User's communications from being revealed; b) “RIUAGENTS.COM” shall have the right to freely reproduce, use, reveal and broadcast User's communications to third parties without limitation; c) “RIUAGENTS.COM” may use any ideas, concepts, know-how or methods that are contained in the communications for any purpose whatsoever, including but not limited to, development, production and marketing of products and services that incorporate the said information.
11 Jurisdiction. Applicable Law. Any dispute that may arise from this website shall be governed by Spanish law and shall be subject to the jurisdiction of the courts of San Bartolomé de Tirajana, Las Palmas de Gran Canaria, Spain.
GENERAL TERMS AND CONDITIONS OF BOOKING
The registration of USER at “RIUAGENTS.COM” implies the knowledge and acceptance of the present General Terms and Conditions of Booking.
By accepting the present terms, User states and acknowledges:
1 That User is of age (older than 18 years) and has the legal capacity required to engage the services offered in the website of “RIUAGENTS.COM”, hereby declaring that User understands and agrees to all the terms and conditions of this website.
2 That User is a Travel Agent and fulfills all requirements of his/her local legislation to perform the said activity.
3 That as a prerequisite for use of the offered services User shall register as a “Registered Travel Agency” and provide full, truthful and accurate information.
4 That “RIUAGENTS.COM” accepts no liability for the misuse by User of his/her passwords as Registered Travel Agency for reservations or booking of products or services though the website of “RIUAGENTS.COM”. User is solely responsible for maintaining the secrecy of the codes and passwords that are provided for the access as registered user, preventing undue utilisation by third parties.
5 That the contents, trade activities, products and services contained in this website are not created for or addressed to residents at juridictions where these contents, trade activities, products and services are not permitted.
6 That this website contains solely those webpages that are listed in the site map.
7 That access to this website is at the exclusive risk of User.
8 That User confirms the dates contained in the booking, as well as the number of rooms, guests and the chosen Hotel.
9 That the conditions and price of the booking are those expressly contained in the document. “RIUAGENTS.COM” reserves the right to change prices in the event of a misprint and with prior notice the client.
The detailed price shall show the final price, indirect taxes that are included and travel agency commission for the chosen product. The Travel Agency shall have not right to collect any amounts other than the Agreed Commission.
10 PAYMENT TERMS: Payment of the booking may be settled by any of the following forms of payment:
a.- Bank transfer prior to the date indicated by the bookings system of “RIUAGENTS.COM” to the bank account provided for this purpose. The transfered amount shall be the sum total of the booking that is detailed in the website, that is, the Retail Price minus the commission of the Travel Agency indicated in the detailed price of the booking (“Net Price”).
b.- Payment by Travel Agency corporate credit card of the Net Price of the booking, withholding the price of the commission as indicated in the website. Prior to the use of this form of payment the Travel Agency shall have sent to “RIUAGENTS.COM” by fax its credit card number and its authorisation to charges made by “RIUAGENTS.COM” in connection with any booking, change, cancellation or "no show". This form of payment may be used in any of the following manners:
i.- Full payment of the booking price upon confirmation of the said booking.
ii.- Payment by installments: Upon confirmation of the booking User shall pay the percentage of the price as indicated in the details of the booking and prior to the date given in the said details User shall pay the remaining percentage of the price. In the event that the second installment is not received on or before the indicated date, the booking shall be treated as CANCELLED.
iii.- Deferred Payment: Payment of the full price of the booking shall be settled prior to the date indicated in the details of the booking. In the event that payment is not received on or before the indicated date, the booking shall be treated as CANCELLED.
c.- Full payment of the booking price with the credit card of Client: In this case payment may be settled as follows:
i.- Full amount of the booking price upon confirmation of the said booking.
ii.- Payment by Installments: Upon confirmation of the booking User shall pay the percentage of the price as indicated in the details of the booking and prior to the date given in the said details User shall pay the remaining percentage of the price. In the event that the second installment is not received on or before the indicated date, the booking shall be treated as CANCELLED.
iii.- Deferred Payment: Payment of the full price of the booking shall be settled prior to the date indicated in the details of the booking. In the event that payment is not received on or before the indicated date, the booking shall be treated as CANCELLED. For this form of payment “RIUAGENTS.COM” shall pay the Travel Agency the commission indicated in the details of the booking within 60 days from the date of check-out of the Client from the Hotel.
d.- Payment may be settled by Client at the destination, in cash or by credit/debit card upon arrival to the Hotel. In this case the Travel Agency shall provide “RIUAGENTS.COM” with the card information of the Client, as a guarantee of the booking. In the event of “no show” or amendment “RIUAGENTS.COM” shall charge on the Client's card the penalties described in the website. “RIUAGENTS.COM” shall pay the Travel Agency the commission indicated in the details of the booking within 30 days from the date of check-out of the Client from the Hotel.
11 The Travel Agency may amend or cancel the booking through the website or call centre at any time. Any amendment, cancellation or “no show” of the booking shall be subject to the conditions contained in this website. The Travel Agency shall duly inform the Client of these conditions prior to confirming the booking and shall accept payment of the penalties provided for each case. For the purpose of these General Terms and Conditions of Booking, AMENDMENT shall be defined as one of the following:
a.- Change of arrival date
b.- Shortening the stay as originally booked
c.- Changing the number of booked rooms if the booking is within the cancellation period indicated in the website.
In the event of cancellation or “no show” the Travel Agency shall have no right to any commission whatsoever. In the event of amendment, the commission of the Travel Agency shall be calculated again on the basis of the new confirmed booking.
Any charge or refund that “RIUAGENTS.COM” must make for any of the aformentioned circumstances shall be settled through the same form of payment of the original payment. For the purpose of these General Terms and Conditions of Booking the change of the name of the Client who made the booking shall be treated as an event of CANCELLATION.
12 Offers shall be solely valid for the time period that they remain available to the Users of the service for effective booking through the system of “RIUAGENTS.COM”.
13 Booking price includes accommodation and the meal plan B.B. or F.B., as the case may be, or “all inclusive” plan as described in this website. The booking price does not include any optional “extra” services nor any service that has not been expressly booked through the system of “RIUAGENTS.COM”.
14 Booking price includes I.G.I.C (Indirect Tax of the Canary Islands) or I.V.A. (Value Added Tax), except when reference thereto is expressly omitted. Any other taxes or duties on accommodation shall be settled separately at the Hotel.
15 Prices shown on “RIUAGENTS.COM” are based on current prices for the country of the residence of the Travel Agency, on the basis of its IP address and the registration information of the Travel Agency. In the event of an inaccurate calculation caused by a discrepancy between User's access IP and User's country of origin, “RIUAGENTS.COM” reserves the right to change the price provided by the system with a prior notice to the Client.
16 In the event that “RIUAGENTS.COM” notifies the cancellation of a booking for acts of god or force majeure, defined as an event or circumstance beyond the control of “RIUAGENTS.COM”, extraordinary and unforseeable, with consequences that could not have been prevented even with the exercise of due care, the booking shall be cancelled and User or Client shall have no right to claim or compensation whatsoever. Force majeure events shall be notified, if possible, through the same means of communication used to confirm the reservation.
17 “RIUAGENTS.COM” reserves the right to amend at its own discretion these terms and conditions at any time.
18 LIMITATION OF LIABILITY: The liability of “RIUAGENTS.COM” for any losses or damages arising in connection with the booking, whether in contract or tort, shall be limited to the amount of the total price paid for the booking.
19 Any provision of these Terms of Use, General Terms and Conditions of Booking or Privacy Policy that is declared to be totally or partially unlawful or unenforceable shall be ineffective, without affecting any other provision of these general terms and conditions, or the part of the said provision that is not affected, and the remaining provisions of these general terms and conditions shall remain in force, provided that the provision or part of a provision that is affected shall be ignored.
20 All notices, summons, demands and other communications required or desired to be given in connection with these general terms and conditions shall be in writing and shall be deemed to be duly delivered in person or by ordinary mail to the domicile designated by the receiving party or to said party’s email address.
21 The Travel Agency acknowledges and agrees that these services shall be governed by Spanish law and and that the resolution of disputes in connection thereto shall be subject to the jurisdiction of the courts of San Bartolomé de Tirajana, Las Palmas de Gran Canaria, Spain, also for the construction or application of these provisions; and that Spanish law shall be the applicable law.
PRIVACY POLICY
As a prerequisite for the use of this website the Travel Agency must abide by the Privacy Policy of “RIUAGENTS.COM” as described in this section.
A) DATA PROTECTION
RIUAGENTS. COM shall inform the Travel Agency, and the Travel Agency shall inform the Client that upon registration the Client has at any time the right to access the database where his/her data is stored, and may exercise his/her right of amendment, cancellation and objection as well as any other rights provided for in Ley Orgánica, 15/1999, of the 13th of December, on Personal Data Protection and supplementary legislation..
The Travel Agency and “RIUAGENTS.COM” jointly declare that they shall abide by the rules on processing of personal data, in particular of Ley Orgánica 15/1999 on Personal Data Protection (hereinafter known as “LOPD”) and Real Decreto 1720/2007, of 21st of December, on the enactment of the Implementation Regulation of Ley Orgánica 15/1999. “RIUAGENTS.COM” shall automatically process the information of Clients and guarantees its control over the database(s) where the data is recorded and that the database(s) is(are) duly disclosed to the General Register of the National Data Protection Agency (www.agenciaprotecciondatos.es)
“RIUAGENTS.COM” hereby informs the Travel Agency that the Client may exercise his/her right of access, amendment, cancellation and objection addressing a written communication to the Data Processing Manager for the database where his/her information is stored:
“RIUAGENTS.COM”
Avenida Gran Canaria, 22
35100 Playa del Inglés, San Bartolomé de Tirajana
Gran Canaria, Spain
B) SERVICES AND BOOKINGS,
Prior to completing the service and booking form, the Travel Agency shall have obtained from each Client the authorisation for “RIUAGENTS.COM” to utilise and automatically process the personal data that is being provided for the purpose of confirming the desired booking and/or managing the services and/or commercial products of “RIUAGENTS.COM”.
The Travel Agency shall inform the Client making the booking that his/her personal data shall be disclosed to the chosen Hotel for the purpose of managing the booking and guaranteeing the provision of the booked services.
C) COOKIES
Access to this website may imply our use of cookies, even if this website may function without their use. Cookies allow us to facilitate web navigation during the booking process. If you do not agree thereto, you can set your web browser to refuse cookies.
D) CONFIDENTIALITY
“RIUAGENTS.COM” guarantees the confidentiality of your personal data and commits to implement the safety measures provided for in the Spanish legislation on protection of data from third parties. “RIUAGENTS.COM” shall disclose personal data in its possession to the competent authorities in the event of a formal summons received in accordance with the applicable law.
E) JURISDICTION
Any and all legal relationships of “RIUAGENTS.COM”, Users and their Clients arising from or in connection to the booking of products and services contained in this website shall be governed by Spanish law and subject to the exclusive jurisdiction of Spanish courts and more particularly the courts of San Bartolomé de Tirajana, Las Palmas de Gran Canaria, Spain. The parties expressly waive any right to invoke another jurisdiction.