TÉRMINOS Y CONDICIONES
| SOCIEDAD | DOMICILIO | ID FISCAL |
|---|---|---|
| Reservation Shop, S.L.U. | Calle Llaud s/n, 07610, Palma de Mallorca, España. Agencia de Viajes Mayorista Minorista I-AV-0000886.1 | B35978311 |
| Vacaciones Riu SA de CV | Boulevard Kukulkan Kilometro 8.5 Manzana 50 Lote 5 Zona Hotelera Cancún. Quintana Roo 77500. Mexico | VRI090521EU0 |
| Solar Chaca SA de CV | SCH961004P38 | |
| Solar Solimanche SA de CV | SSO950530U47 | |
| Comercial Chemax SA de CV | CCE970128120 | |
| MX Riusa II SA de CV | MRI961004L20 | |
| Urban Developments Panamá, S.A. | Edificio AFRA, piso 9, esquina Ave. Samuel Lewis y calle 54. Ciudad de Panamá, Panamá | 1188278-1-579588 DV: 55 |
| Hotelera RH, S.A. | 1313639-1-608866 DV: 41 | |
| Prhoresa Costa Rica, S.A. | Playa Matapalo 3km Este. Nuevo Colon. Sardinal Del Carrillo. Guanacaste. Costa Rica | . 3101450627 |
| SF Costa Rica Hotelera de Guanacaste, S.A. | 3101450625 | |
| MLS Berlin Hotel-Betriebs.Gmbh | Martin-Luther-Straβe 1 - 10777 Berlín - Germany | DE287752701 |
| 741 Eighth Avenue Owners LLC | 307 West 46th Street 0036 - Manhattan - New York USA | 99-0379850 |
| Riu Le Morne Ltd | c/o Axis Corporate consultans Ltd, 2nd Floor, THE AXIS,26 Cybercity - Ebene 72201, Mauritius | 27261683 |
| Ahungalla Resort Ltd | Bearing registration: PB137 Office Registration: 315 - Vauxhall Street Colombo 02 | VAT Number - 134004410-7000 TIN - 134004410. |
| Gresham Hotel Company Limited | Gresham Hotel Company Limited es titular de gresham-hotels- dublin.com 23 Upper O'Connell Streer, Dublin, Ireland | TRN.0424433V |
| RIUSA II SA | CL LAUD S/N, 07610 PALMA DE MALLORCA | A07632474 |
| RIU HOTELS SA | CL LAUD S/N, 07610 PALMA DE MALLORCA | A07054760 |
| PRHORESA | CL LAUD S/N, 07610 PALMA DE MALLORCA | A07032014 |
| HOTEL SAN FRANCISCO | CL LAUD S/N, 07610 PALMA DE MALLORCA | A07034515 |
| Comunidad de Explotación Hotel Papayas&Flamingo CB | Avda. Gran Canaria, 22, 35100 Playa del Inglés, Gran Canaria | E76076918 |
| GEAFOND NÚMERO UNO LANZAROTE, S.A. | Avenida Grandes Playas, 35660 Corralejo, Fuerteventura | A35013234 |
| RIUSA II, S.A. SUCURSAL PORTUGAL | QUINTA DO MILHARO, OLHOS D'AGUA, 8200 ALBUFEIRA | PT980149673 |
| RIU HOTELS S.A. SUCURSAL PORTUGAL | PRAIA DOS REIS MAGOS, 9125 CANICO BAIXO, MADEIRA | PT980136091 |
| PLAZA ESPAÑA 19 DEVELOPMENT S.L. | Riu Plaza España - C/Princesa Nº2, PLANTA 5 28080 Madrid - SPAIN | B86934387 |
| RIU ATOLL PRIVATE LIMITED | 12 BODUTHAKURUFAANU MAGU - MALDIVAS | TIN: 1059238GST001 |
| RIUTEL FLORIDA INC | 3101 Collins Ave. Miami Beach - Florida 33140 - USA | Tax ID 65-0402019 |
| RIU CALIFORNIA | 2500 Mason St, San Francisco - California 94133 – USA | Tax ID 36-4950955 |
| NAKHEEL RIU DEIRA ISLANDS HOTEL FZCO | Registered office is P.O. BOX 17777 - Dubai, UAE | Licence nº 2004 |
GENERAL
All the foregoing companies (hereinafter, "RIU HOTELS"ii) market hotel services and provide information regarding companies relating to the RIU brand (hereinafter, "Grupo Riu") through the www.riuagents.com website (hereinafter, the "Website").
Use of the Website and purchasing of the services (hereinafter, the "Services") offered thereon, entail the users' and/or customers' (hereinafter, both shall be referred to interchangeably as "User" or "Users") acceptance of the General Terms and Conditions of Contract, the Special Terms and Conditions defined in the purchasing process and the Privacy Rules, which are updated regularly; therefore, it is important that the User reads them each time they visit the Website and any Special Terms and Conditions for each Service, which must also be accepted.
RIU HOTELS provides information on the Website relating to the Services that it markets thereon. The Website provides information relating to the hotels that RIU HOTELS markets (hereinafter, the "Hotels").
By accessing and using the Website, the User hereby undertakes to accept the General Terms and Conditions provided below ("Terms and Conditions"), therefore, we recommend that the User reads this section carefully prior to starting. RIU HOTELS reserves the right to change, modify, add or delete part of the Terms and Conditions, and make changes to the Services without prior notification at any time.
All the resources and technical requirements required to access the Website and the Services must be borne exclusively by the User, as well as any expenses or taxes that may arise from the provision of the Services.
EXCLUSION OF LIABILITY
RIU HOTELS shall not be held liable for damages arising from accessing, utilising or improper use of the Website's contents.
The Website shall be used at the User's own discretion and risk. RIU HOTELS, its representatives or agents shall not be held liable for any loss, damage or damages, either direct or indirect, particular or causal, which are related in any way or arise from using the Website or any information contained thereon. By accepting the Terms and Conditions, the User hereby expressly waives any claim against RIU HOTELS that stems from using the Website or the information contained thereon.
CONTENT LIABILITY
RIU HOTELS shall not be held liable for any potential discrepancies that may exist between the printed versions of their documents and the electronic versions thereof published on the Website. The documents and photographs published on the Website may include technical inconsistencies or typographical errors. The information undergoes regular changes, and RIU HOTELS is able to make improvements or changes to the Services herein described at any time. RIU HOTELS shall not be liable for the truthfulness of any information that it has not created itself, and shall not be liable under any circumstances whatsoever for damages that may arise from the use of such information.
INDUSTRIAL AND INTELLECTUAL PROPERTY
The USER acknowledges and agrees that all intellectual property rights belonging to RIU HOTELS (including all trade names, copyrights, logos, trademarks, etc., hereinafter, "Brands and Content" or "B&C") appearing on the Website of RIU HOTELS or on any other publication or marketing media which the user may have accessed or adhered to are the exclusive property of RIU HOTELS.
The USER shall refrain from undertaking online promotion or sales initiatives, or initiatives through any other media, which use the B&C of RIU HOTELS, without the prior approval of RIU HOTELS. The unauthorized use of the B&C by the User is unlawful and shall give rise to civil and criminal liability.
The USER, when using the B&C of RIU HOTELS, must do so in the manner authorized by RIU HOTELS. RIU HOTELS shall notify USERS of any rebranding or any material and substantial change to brand and marketing policies, without prejudice to the obligation of the AGENCIES to consult the B&C policies in force at all times. The USER shall in all cases refrain from:
-use of the B&C of RIU HOTELS outside the scope of the business operations subject to these Terms and Conditions;
-any use of the B&C of RIU HOTELS that does not respect the criteria of use, style and design set out by RIU HOTELS.
In no case may the USER create and/or operate websites on which RIU hotels are advertised or on which the B&C of RIU HOTELS are used, without the permission of RIU HOTELS. Any authorization granted will in be in any case temporary and may be revoked discretionally at any time by RIU HOTELS.
In no case may the USER register domain names matching the names of hotels of RIU HOTELS or which, even though they do not exactly match the names of hotels of RIU HOTELS, are similar enough (both in relation to the domain name and its contents) to cause confusion in the mind of consumers and users.
In the event that the USER performs any activity of promotion or dissemination that is contrary to RIU HOTELS' corporate image, its criteria regarding brand use or positioning, or any other criteria that the USER should have known on the basis of the Terms and Conditions, the USER shall proceed to remove it within a maximum of 48 hours from the time that RIU HOTELS notifies them of the breach.
At the link https://shared.riu.com/b2b/riuagents-style-guide.pdf, the AGENCY may access a guide on the use, style and design of the promotional materials for sales of RIU hotels. The content of this guide, which may be periodically amended to reflect any updates to the brand and corporate image (making it necessary for the AGENCY to review it prior to undertaking any authorized initiative to use a trademark or content of RIU HOTELS), forms a part of these Terms and Conditions and especially of this article, and its breach shall give rise to the consequences set out therein.
In the event that the USER undertakes any conduct contrary to this article or, although not covered hereunder, shows bad faith in the use of the trademark of RIU HOTELS, RIU HOTELS may opt to exercise any or all of the following options:
− RIU HOTELS shall withhold from the AGENCY any advances, deposits or guarantees sufficient to cover any damages that may have occurred;
− RIU HOTELS shall cancel any bookings made by the AGENCY.
The obligations under this article shall continue to be applicable after the termination of the relationship.
After the relationship has ended, the AGENCY undertakes not to use the information or data that was obtained from RIU HOTELS during the term of the relationship.
LEGAL AGE AND LEGAL CAPACITY
The User hereby declares that they have the legal capacity required to purchase the Services provided on the Website in accordance with the Terms and Conditions, which they fully comprehend and understand.
RIU HOTELS prohibits minors staying at hotels advertised as "Adults Only" as the Hotel's offering is intended for adults.
The User shall only use the Website to make legitimate inquiries or bookings on their own behalf or on behalf of any third party legally authorized by them, with the User being the person authorized to enter into agreements. For this reason, any User that uses the access codes must be of legal age and legally authorized to use this Website and to assume the obligations of the booking process. The User also guarantees that all the personal information provided during the booking process will be correct and that they accept the financial responsibility arising from any transaction and booking made under their name and user account.
PROHIBITIONS
The User shall not:
− publish, transmit or disseminate on the Website, or through it, any information that may be obscene, harmful, defamatory or unlawful, or which involves an infringement of any kind; − perform unauthorized, false or fraudulent bookings;
− use any software, routine or device that could interfere or aims to interfere electronically or manually with the operation or functionality of the Website;
− alter or interfere with the appearance or presentation of the Website or its underlying source code; − carry out any action that may impose an unreasonable or disproportionate workload on the Website or its infrastructure;
− breach any rule, law or regulation to which they may be subject in their jurisdiction or in that of RIU HOTELS.
Without prejudice to any other rights of RIU HOTELS, RIU HOTELS reserves the right to block access to the Website and/or cancel bookings in any situation in which RIU HOTELS believes, at its sole discretion, that the User is breaching any of the Terms and Conditions
ACCEPTING THE TERMS AND CONDITIONS
Once the User has accessed the Website, in order to purchase the Services, they must follow all of the indications and instructions included in the purchasing process, filling out for these purposes the Special Terms and Conditions and other forms established for each Service, which shall entail reading and accepting all the applicable General and Special Terms and Conditions.
In checking the acceptance box of the Terms and Conditions, the User confirms the contract entered into with RIU HOTELS, thereby confirming the dates indicated in their reservation, the chosen Hotel, number of rooms and guests, and any other Special Terms and Conditions relating to the Service described in the purchasing process. The User hereby undertakes to verify the truth and accuracy of the information provided; any contract where the User has provided incorrect information shall be null and void. No purchase-confirmation slips or documents arising from false information shall be accepted at any Hotel. If a User has made a reservation using false information, they shall meet the processing and operational costs stemming from their reservation and shall compensate the Hotel for the loss of earnings deriving from the reservation of rooms that are not going to be purchased by the User or third parties.
The Terms and Conditions and the price of the reservation purchased are those that are expressly stated in the purchasing process; RIU HOTELS reserves the right to modify the prices provided that it has notified the User beforehand.
Once the purchase has been made, RIU HOTELS will issue the proof of purchase and/or documents applicable to the reservation in question.
The Terms and Conditions herein, the Special Terms and Conditions relating to the sale of the rate reserved by the User and the reservation confirmation slip or request, detail all of the obligations between the parties.
No General or Special Terms and Conditions communicated by the User may be inserted into the Terms and Conditions herein.
The documents that comprise the contractual obligations between the parties are, in descending order of priority, the reservation confirmation slip or request (including the Special Terms and Conditions of the reserved rate) and the Terms and Conditions herein.
In the event of a discrepancy between the reservation confirmation slip and the General Terms and Conditions, the terms set forth on the reservation confirmation slip shall be the only terms and conditions applicable to the obligation in question.
RIU HOTELS, at its discretion, reserves the right to cancel any booking that might be construed as fraudulent or fictitious, these being understood as, including but not limited to, those made repeatedly and subsequently cancelled by the USER, regardless of whether group or individual in nature and/or the length of time between the booking and the cancellation.
RATES AND BILLING
A rate breakdown shall detail the final price of the Service that has been purchased, as well as indirect taxes or any other fee or tax that is applicable in the country where the Service is rendered.
In some countries, a fee must be paid to enter and/or leave the territory; such fees must be paid by the User in their capacity as tourists or visitors and must be collected by RIU HOTELS, which shall subsequently forward these to the Government of the country in question. RIU HOTELS shall do everything within their power to ensure the User is informed of such fee prior to purchasing a Service. Nevertheless, if any country or region were to implement a fee in such a way that RIU HOTELS is unable to notify the User prior to purchasing a Service, the latter hereby expressly authorizes the former to charge such fee using the selected payment method.
In any event, the User hereby accepts full and sole liability with regard to those fees arising from their trip, such as port, airport, visa fees, etc.
A charge of one euro (€ 1) — or equivalent currency based on the exchange rate on the day that the charge is to be made — may be made on the User's credit/debit card in order to verify that such payment method is in working order. The euro charged to the card will be discounted from the total amount of the reservation.
RIU HOTELS will not send bills, confirmation slips or any other documents relating to the reservation on paper under any circumstance. The User hereby accepts Grupo Riu's commitment to the environment, and therefore accepts the electronic means through which they will receive the documents.
The prices relating to the reservation of the Services shall be indicated before and during the reservation process.
The prices shall be expressed per room, number of guests and date selected. The prices shall be confirmed to the User with all the taxes included, in the Hotel's commercial currency (in some cases it may be different to the Hotel's local currency) and shall only be valid for the period indicated on the Website.
All reservations, regardless of their origin, must be paid in the Hotel's currency, except when there are particular provisions indicated at the Hotel. Currency conversion is shown for information purposes only, never contractual purposes. Only the currency that has been confirmed when the reservation is made is guaranteed (if such currency is different to that of the Hotel, the currency conversion costs shall be met
by the User).
PAYMENT METHODS
The methods shall be those available during the purchase process.
HOTEL STAY
Upon arrival at the Hotel, the reservation must always be confirmed by means of the confirmation slip. The User hereby undertakes to carry the confirmation slip and present it when checking in, accepting that the Terms and Conditions of the reservation may not be guaranteed if such document is not presented.
The User hereby accepts and undertakes to use the room and the Hotel's facilities in an appropriate manner. Any behaviour that goes against good manners and public order will entitle the Hotel to request the User to leave the establishment without any compensation whatsoever or any type of refund if a payment has already been taken. Users taking food into the Hotel shall be required to sign the document releasing the Hotel from liability beforehand; such document shall be provided to them in the Hotel's reception.
OFFER VALIDITY
The Website's offers shall only be valid during the time they are accessible to the Users for purchase by means of the established purchasing process.
In the event that RIU HOTELS cancels the reservation due to an act of God or force majeure, the reservation shall be cancelled without entitling the User to file a claim or to request compensation. Such event must be communicated to the User, where possible, via the communication channel used when confirming the reservation.
RELATIONSHIP BETWEEN THE PARTIES
Except for those obligations that must continue in force following the end of the provision of Service by RIU HOTELS, the relationship between the parties arising from the booking process shall be limited to the booking in question, with there being no agency relationship, or any other type of relationship, between the parties (the above paragraph, hereinafter, the "Relationship").
SEVERABILITY
If one or several of the provisions included in the Terms and Conditions are declared partially or completely null and void, this shall only affect such provision or the part that has been declared as such, with all other provisions remaining in place, with such provision or the affected part thereof being deemed not included.NOTIFICATIONS
All notifications, summons, requests and other communications that must be made by the parties in relation to the Terms and Conditions must be made in writing and shall be deemed to have been duly performed when they have been delivered by hand or sent by normal post to the other party's address or to the email address thereof.
JURISDICTION AND APPLICABLE LAW
Any conflict arising from the use of the Website shall be governed by Spanish Law and the Courts of Palma de Mallorca.