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Terms and Conditions for Use of this Website
BY AND BETWEEN
Destinia S.L.U. with CICMA no. 1257 and Tax ID B-82826991, 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);
The User accessing the webpage for informational purposes or to contract the services offered at www.destinia.com (including its domains and subdomains), 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.
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.
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 the right to deny use of his or her information for promotional purposes, 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 stand-alone services, Destinia only acts as a broker and therefore shall not assume any of the risks or benefits associated with these operations.
Destinia will make every possible effort to provide the information contained in the Website accurately and without typographical errors. In the event that an error of this type occurs beyond the scope of Destinia’s control, it shall be corrected immediately. If there is a typographical error in any of the indicated prices and a client has made a purchase decision based on that error, Destinia shall honour the purchase at the stated price, absorbing any difference in cost, whenever such difference is not disproportionate in relation to the average market price to the extent that it would be obvious to anyone exercising a reasonable amount of diligence that it was 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.
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.
For conflict resolution, the parties agree to be subject to the courts of the user's domicile, renouncing to any other court of law that may apply. Likewise, as the company adheres to the Code of Ethics of Confianza Online, in the event of disputes concerning online purchase and advertising, data protection and protection of minors, the user may resort to the out-of-court dispute resolution system operated by Confianza Online (www.confianzaonline.es) 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 legal validity and enforceability of the remaining clauses shall remain in full effect, whenever this does not violate applicable legislation.
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.