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General terms and conditions of Destinia.com



Legal Notices

 

Terms and Conditions for Use of this Website:

 

BY AND BETWEEN

 

Destinia S.L. with CICMA no. 1257, recorded in the Commercial Registry of Madrid, Vol. 15,973, Folio 206, Sec. 8, Sheet M-270179, with registered offices at Calle Gran Vía, 22 Duplicado 4º dcha. 28013 Madrid – Spain (hereinafter, Destinia);

 

AND

 

The User accessing the Website for informational purposes or to contract the services offered therein, who warrants that he or she is of legal age (i.e. at least 18 years old) and enjoys the necessary legal capacity to be bound by this agreement and to use the Website in accordance with these Legal Notices and the General Terms and Conditions established for each type of service offered on the Website, which the User understands and acknowledges in their entirety.

 

Use of the Website

 

Destinia offers use of this Website to Users, subject to their full, unadulterated acceptance of these Legal Notices. The User’s use of the Destinia Website shall be construed as his or her tacit acceptance of the General Terms and Conditions in their entirety, as set forth herein.

 

If the User does not agree to these Terms and Conditions, he or she shall forfeit the right to use the Destinia Websites.

 

Destinia, as the legal owner of this Website, offers various content, products and services to the User, acting in the name and on behalf of wholesale travel agencies and various tourism service providers. In no event shall the operation of this Website be construed as a means of direct sales in the name of such services, including, but not limited to, airplane tickets, car rental services, train tickets, hotel reservations or the combination of any two or more of the above.

 

The User shall be responsible for employing all reasonable precautions in order to maintain the confidentiality of the passwords provided to him or her by Destinia for accessing the Website and to prevent any unauthorised access by third parties. The User agrees to assume full liability for any costs stemming from the use this Website whenever it is accessed by means of the User’s password, as well as for any fraudulent use of the User’s passwords by third parties.

 

Furthermore, the User warrants that all the information he or she has provided, both at the time of accessing the Website and in the course of using it, is true, complete and accurate, and agrees to maintain such information up-to-date.

 

Payment Methods

 

On Destinia, the User may pay using a debit card or credit card (VISA, MASTERCARD, DINERS, JCB or AMERICAN EXPRESS), through a PayPal account, with Bitcoins or even via EFT, subject to the fulfilment of certain requirements.

 

Prices are expressed in various currencies, although the fees for contracting the services are charged in euros (EUR), US dollars (USD) or pounds (GBP), depending on the payment currency selected by the User. Nevertheless, in certain cases when using a secure payment gateway, the User is also given the opportunity to choose whether he or she wishes to pay using a different currency.

 

All of the products offered online may be paid via PayPal or with Bitcoins, except for cruises, car rentals, certain hotels that only accept payment at the front desk and certain flights for which the airline only accepts payment by credit card.

 

When making reservations with a discount or low-cost airline, the payment currency will always be that of the country from which the originating flight is scheduled to depart.

 

Personal Information

 

In accordance with the provisions of Fundamental Law 15/1999 of December 13, the Personal Data Directives, the User acknowledges that the information he or she has provided or will provide to Destinia shall be subject to processing in a personal data file denominated CLIENTS, under the ownership and responsibility of Destinia. The User expressly consents to the use of such registered information for statistical purposes, for sending advertisements and promotional materials, for sweepstakes, for newsletter subscriptions, for administering the subscribed services and for incident management.

 

Destinia hereby informs the User that the data he or she has provided that is stored in our databases shall be protected through security systems that impede unauthorised third-party access. If the User wishes to exercise his or her rights to access, rectify, delete or dispute the personal information on file, he or she may contact us by mail at DESTINIA, S.L. Calle Gran Vía nº 22, Duplicado, 4º Dcha. 28013 Madrid, Spain, by fax at 902196339 or via email at [email protected]

 

In accordance with the provisions of Article 11 of the Personal Data Directives, the User agrees that his or her data may be transferred to any of the companies within the Destinia Group, solely for purposes of providing, as well as processing, the services or for sending information and advertisements regarding special offers and promotions or other information related to the activities and services offered through this Website.

 

If the User wishes to exercise his or her rights to access, rectify, cancel or dispute the receipt of information and special offers, he or she may send an email to [email protected] expressing the desire to opt out of this service.

 

In accordance with Articles 33 and 34 of the Personal Data Directives, the User consents to the transfer of his or her personal information on the part of Destinia, under the aforementioned terms and conditions, to recipients in countries other than Spain, including those that do not provide a level of protection comparable to that provided under the Personal Data Directives.

 

In any event, if the User should decide to contract any of the services offered or advertised on this Website, Destinia will transmit the personal information received from the User to the various service providers for the sole purpose of fulfilling the contract, which shall be entered into through this Website.

Waiver of Liability

 

In the case of individual services, Destinia only acts as a broker and therefore shall not assume any of the risks or benefits related to these operations.

 

Destinia agrees to exercise maximum diligence in order to ensure that the data appearing on this Website is accurate and up-to-date at all times. The information displayed on this Website has been supplied by the providers, and Destinia shall not be held liable for any possible inaccuracies.

 

The Website may contain links to other websites over which Destinia has no control; therefore, Destinia shall not be held liable for the content of such third-party websites.

 

Destinia shall not be held liable for any damages stemming from a User's violation of the rights of another User or those of third parties, including copyrights, patents, confidential information and any other type of intellectual or industrial property rights. Furthermore, Destinia shall not be held liable for the improper functioning of the service as a consequence of defective configuration of the User’s computer equipment or the User’s inability to support the computer systems that are necessary for utilising the services that are offered.

 

Destinia will make every effort within its power to provide the information contained in the Website accurately and without typographical errors. In the event that, beyond the scope of Destinia’s control, an error of this type occurs, it shall be corrected immediately. If there is a typographical error in any of the indicated prices and a client has made the decision to purchase based on that error, Destinia shall honour the purchase at the stated price, absorbing any difference in cost, whenever such difference is not disproportionate or plainly evident to anyone exercising a reasonable amount of diligence to be an error.

Intellectual and Industrial Property Rights

 

The User acknowledges and agrees that all the graphic and written content, designs and any other elements appearing on this Website that are subject to industrial or commercial use, whether these are visual or technological in nature and whether they are considered individually or jointly, are protected by the intellectual and industrial rights of Destinia or the individuals or companies that own or have created them. These parties shall enjoy the exclusive rights to use, modify, copy and distribute this material, as well as to initiate legal action against anyone who infringes upon these rights.

 

Privacy and the Use of Cookies

 

In compliance with the provisions of Article 22.2 of the Law on Information Society Services and Electronic Commerce (referred to by its Spanish initials, LSSI) and in accordance with the EU Cookie Directive (2009/136/EC), Destinia hereby informs Users that this Website permits the use of cookies.

 

For more information on how we manage and ensure the privacy of our Users, please consult our Privacy policy.

 

Jurisdiction and Applicable Law

 

These Legal Notices have been drafted in accordance with Spanish law, by which they shall be governed.

 

In the event of any dispute, renouncing all other venues, the parties agree to submit the dispute for resolution in the courts and tribunals of the User’s country of residence.

Confianza Online

 

As we are a member of CONFIANZA ONLINE, bound by the terms of its Code of Ethics, in the event of any disagreement in relation to online contracting and advertising, data protection, the protection of minors or accessibility, the User may access the CONFIANZA ONLINE extrajudicial conflict resolution system (https://www.confianzaonline.es/en/) or, alternatively, may process claims through our Customer Service Department at the following email address: [email protected]

 

Validity, Modification and Interpretation of these Legal Notices

 

In the event that any clause of these Legal Notices is declared null, void or inapplicable by a competent authority or court of law, the remaining clauses shall retain their legal validity and the Legal Notices shall remain in full effect, whenever this does not violate applicable legislation. In such cases, the invalid clause shall be interpreted in accordance with the laws currently in effect.

 

The provisions of these Legal Notices may only be modified in writing. In any event, Destinia reserves the right to make changes or modifications, whether to the Website or to these Legal Notices; however, such modifications shall not affect any contracts that have been entered into previously.

 

The original version of these Legal Notices is drafted in the Spanish language and has been translated into various other languages. In the event of any dispute regarding the content or interpretation of the Terms and Conditions, as well as any conflicts, contradictions or discrepancies between the version in Spanish and those in other languages, the Spanish version shall prevail whenever this is permitted by the laws in effect in the Users’ country of residence. The Spanish version is available in writing to any User who may require it.

 

Updated 01-06-2015

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