IDENTIFICATION OF THE PARTIES.
www.grancanariagaystay.com is a registered trademark and a website managed and owned by Travelsol Incoming sl (hereafter, The Company a legally constituted Spanish company, which operates as a wholesale-retail travel agency. Travelsol Incoming is based in Urb. Princesa Arminda 52 – 35217-Gran Canaria, with license number I-AV 0000887.1, tax identification code (C.I.F.) B-35834787 and registered in the Mercantile Register of Las Palmas, Tomo 1733, Libro 0, Folio 93, Sección 8, Hoja GC33834, Inscription 1. B-35834787.
The terms and conditions described hereinafter regulate the access and use of the website www.grancanariagaystay.com by the private individual and/or The Agency (hereafter, The User) that enters that page to obtain information and hire the services offered through this portal.
If The User does not agree to be bound by the Terms, The User must not proceed with his booking.
The Company acts as an independent agent only in respect of all bookings or other services provided, and accept no liability in relation to any contract with The User for the provision of the product at the price offered until the booking or services has been confirmed and payment received.
ACCESS TO THE WEBSITE AND OBJECTIVE OF SERVICES OFFERED
The Company and The User agree that access to the website, viewing, use or contracting from the same, is regulated by the present General Terms & Conditions.
Likewise they agree to comply with all laws and regulations that are applicable to this website and reservations contracted through it.
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.
– May not post, transmit or spread on this website, or through it, any information that is or may be harmful, obscene, defamatory or otherwise illegal to the rights of The Company or third parties.
– Must not make any unauthorized, false or fraudulent reservation.
– Must not use any software, routine or device to interfere, or aim to interfere electronically or manually with the operability and functionality of this website, including, but not limited to, the uploading or remission of corrupt data or viruses of any manner.
– Must not deface, alter or interfere with the appearance, layout or format of this website or the support source code.
– Must not undertake any action that imposes an unreasonable or disproportionate overload to the website or its infrastructure.
Without prejudice to any other right, The Company reserves the right to deny access to this website and / or cancel any reservation, if The Company (at its own discretion) esteems that The User has failed to comply with the present General Terms & Conditions.
CHANGES IN THE GRANCANARIAGAYSTAY.COM WEBSITE
The Company may make improvements or changes in the information, elements, data, services, and other elements of this website, or terminate this website at any time without notice.
The Company may also modify these General Terms & Conditions at any time and such modification shall be effective from the moment they enter in the website. Consequently, access and subsequent use of this website signifies The Agency agrees to the new General Terms & Conditions.
Th Company may suspend access to the system under this program, due to maintenance, safety reasons of the network or force majeure.
Products offered or rates selected have their own cancellation policy. This policy will always be displayed in the process of purchase prior to confirming the reservation.
The requests for cancellation or modification of the reservations will be made through the following email: firstname.lastname@example.org, it will be processed between 09: 00h to 20:00h Monday to Friday and from 9:00 to 13:00 h Saturdays. Otherwise the request of the modification or cancellation will be effective from the next business day.
Once the request is received, the agency will send an email to the client as “proof of receipt”
The payment methods are the following:
At the time of the booking, the full quoted amount will be deducted from the credit or debit card received by The User. The booking process is done on a Secure Payment Environment to protect the personal data and card details of the clients (Comodo SSL Certificate).
Our payment system currently accepts the following payment methods:
- Visa Electron
- Master Card
In order to confirm the payment, a signed authorization from the cardholder may be needed.
The procedure is the following:
The User will provide his consent by clicking on the “Next Step” at foot of the page, it means that The User have read and accepted our General Terms and Conditions and Cancellation Policy of the web site www.grancanariagaystay.com . The prices shown of the reservations are the final prices to be charged to the card, no credit card commissions or additional fees will be charged by our side.www.grancanariagaystay.com or The Company.
The booking process will not be via online but on request with the sending of an email to the following address: Info@grancanariagaystay.com indicating the booking details required by The User to be managed on request.
If The User requires an invoice, The User agrees of the sending of an electronic invoice via email in PDF format.
COMPLAINTS AND RESPONSIBILITY. DISCLAIMER CLAUSE
The Company in no event, will be liable for losses or damages, whether direct or indirect of any kind arising from the access or not to the website, its use or the information contained therein, including lost profit and similar.
The Company 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 The Company.
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 The Company assuming any obligation nor responsibility regarding those products or services that it does not directly provide.
The responsibility of The Company either produced by a breach of these General Terms & Conditions, a breach of contract to these General Terms & Conditions or by an act of omission that violates legal or regulatory obligations or for any other reason; in no case will exceed the amount paid by The User to The Company for specific services in question.
The information on this website has been introduced in bona fide; The Company can not guarantee it is completely free from defects or typographical errors therefore The Company can not accept any liability arising from these.
There may be links to third party websites on our web site ww.grancanariagaystay.com. Such sites are independent of The Company, and are not responsible for it or the material contained within.
To the extent permitted by law, The Company excludes any implied warranty concerning the accuracy of the information, services and materials contained in this website. Such information, services and materials are provided as is and are available without any collateral.
Clients and final customers, accept that The Company acts as an intermediary in the contracting of accommodation and other services (transport, excursions, etc). Therefore, can not be held liable for death, injury, illness, damage, accident, loss, theft, delay or any other irregularity which may arise directly or indirectly from the provision of services performed by the hotels, transport companies, or other providers who have been contracted by The Company.
The Company in relation to the above and any other claims, will only attend complaints that have been previously reported during the stay of the guests in the hotel (either by the client or final consumer).
Clients and final consumer undertake to submit any claim or complaint directly to the providers of the service provided, exempting The Company from liability and accepting that The Company intervention is limited to the providing of the means at its disposal, to get the client or final consumer to accept responsibility they have on the provision of contracted services.
INTELECTUAL AND INDUSTRIAL PROPERTY
The totality of this website including text, images, trademarks, graphics, logos, buttons, software archives, color 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 GranCanariaGayStay.com 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 worldwide level and through any means of communication to The Company. He/she shall also concede the right to use the name that accompanies such review or commentary to The Company in relation to such review, if appropriate.
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 The Company. is responsible,.
Information registered as such may be used for providing and administering The Company services, processing reservations and billing products and services through GranCanariaGayStay.com, call centers, mobile communication centers 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 The Company, conducting contests with prizes and subscription to The Company 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 email@example.com to modify, cancel or oppose his/her data being included in the electronic files of The Company, 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) : Urb. Princesa Arminda 52 – 35217-Gran Canaria, 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. The Company 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, The Company 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 The Company 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.
Although cookies help us to optimize your booking process, users who do not wish to receive cookies or wish to be informed of their presence can configure their browser to that effect. All Internet browsers have available settings that allow you to block or allow cookies from specific websites.
The access and use of the portal by minors without the express consent of their parents is prohibited. The Company 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.
The Company 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.
The Company 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.
GENERAL FOR AGENCIES
By perfecting any transaction made through the website or electronic XML or HTML platform The Agency agree that these General Terms & Conditions shall apply to each and every transaction.
USE OF THE WEBSITE
The Agency will be enabled to obtain accommodation and any other product that The Company offer via this website.
It will not use the website for any purpose other than the sale of the GranCanariaGayStay.com Product.
In the event that consent of The Agency’s client is necessary, The Agency agrees to send these General Terms & Conditions and travelling terms, and to obtain the said consent of The Agency’s client.
ACCESS CODES FOR THE AGENCIES
The access codes for this program (username and password) will be provided by The Company to each Agency.
The access codes provided by The Company are for the exclusive use of each Agency, therefore no access code may be transferred or disclosed to third parties, including their representatives.
Each Agency is directly responsible for the use of their access code.
In the event that misuse occurs, such access codes will be removed, sales immediately suspended and The Company reserves the right to lodge all legal actions it deems appropriate.
For security reasons, The Company reserves the right to change the access codes of The Agency, provided that such changes do not disrupt the use of the system and not before The Agency has received the relevant notification regarding the planned change.
INFORMATION THE AGENCY MUST FACILITATE
The Agency agrees to provide the client of The Agency, full information on the following points:
• The included and not included in the price of services.
• Regime and consequences of no show of The Agency’s client at the establishment. The cost of annulments, changes and cancellations, as well as possible changes of name, brand name of the establishment and the possible existence of local tax.
• All clients of The Agency, without exception, must have all personal and family documents in order, either a passport or national identity, as required by the laws of the country or countries they are to visit.
• All extra services (special menu, beds, cots etc.).
When the European Directive 90/314 / EEC on package travel should be applied due to the intention to include any services provided by GranCanariaGayStay.com
in a package, The Agency shall undertake to strictly comply with the mentioned directive and / or legislation that may develop, add or replace. The Agency also undertakes to deliver or allow delivery of all information to The Agency’s client, requesting their signature and approval of package travel conditions when necessary.
PRIVACY AND PROTECTION OF PERSONAL DATACONFIDENTIAL INFORMATION
It is understood that “confidential information” is any information or data, which The Company communicates or provides to The Agency or which they can access, either with or without the knowledge and / or consent of The Company.
Therefore for illustrative purposes, but not limited, it is understood as confidential information: databases and prototypes created from the documents submitted, management software, access codes to computer systems, information of users and / or agency clients, phone numbers, fax numbers, email addresses, addresses, location of offices, agencies, offices, headquarters, computer programs, copies, routines, sources, functional and organic analyzes, Know-How, formulas , processes, ideas, inventions (patentable or not), financial data and development plans, strategies, content of offers submitted and any other documents, data or support material belonging to GranCanariaGayStay.com and The Company or available on their web page that t The Agency could access.
The following will in no event will be classed as confidential information:
• Any subject that appears in open literature or becomes public domain unless it has reached the public domain because of the failure of one of the parties.
• Any information or knowledge (Know-How) purchased from third parties.
• Disclosures required by Law.
• Disclosure of any information requested by Judges or Courts.
• Information concerning economic data or other that must be provided to the state, local or regional government for tax, labor or government contracting requirements.
It is expressly prohibited the total or partial disclosure to third-parties, individuals or legal entities, to this relationship, all confidential information to which The Agency may access through the contracting and execution of its services.
• The Agency certifies that its employees, customers, suppliers, subcontractors and others involved in the partnership agreements between The Agency and The Company comply with the confidentiality obligations contained in this agreement.
• The Agency agrees to maintain such confidentiality obligations indefinitely, during and after the termination of the relationship between the parties from the date of signature of this agreement.
ACCESS TO PERSONAL DATA
If the supply of the services is requested by the client of The Agency and The Agency has to access files containing personal data, The Company will ensure that it is legally possible in accordance with the applicable laws and / or any legislation that develops, add, or replace the “Regulation on the Protection of Personal Data” (hereinafter RPDP).
• Any personal data that, in using this system The Agency may disclose to The Company be deemed to have been procured, processed and transmitted under the strict compliance RPDP.
• The Company represent and certify that they have implemented security measures
To legally maintain all security measures both technically and organizationally to ensure the safe keeping and to avoid its alteration, loss, or unauthorized access and secure all data and the risks to which they are exposed.
If the client of The Agency or The User wish to exercise their rights of access, rectification, cancellation and opposition that gives RPDP this should be directed by email to firstname.lastname@example.org
• The Company and undertake Agency, for accessing any personal data, to the following:
– Guard them through security measures legally required technical and organizational measures to ensure the safety of pampering, avoiding its alteration, loss, or unauthorized access in accordance with the state of technology in each time, the nature of the data and the risks to which they are exposed.
– To use or apply the data only for the performance of the agreed services.
– Not communicate, even for the purposes of conservation, to others. Play all or part of the information, results or relationships on it.
– Ensure that the data is handled only by those employees whose involvement is required for the service. It is possible that the information is disclosed to third parties, provided that they are obliged to maintain confidentiality due in accordance with the provisions of this document.
– Once the service has been provided, ensure that sensitive documentation is destroyed or return, as well as any supporting documentation.
– The Company may disclose customer information to third parties agency only for the purpose of completing customer booking agency and management reasons. Any data collected in this way in the web page will be transmitted in accordance with the provisions of RPDP, to those entities that must be involved to engage the services required.
PROPERTY RIGHTS AND OTHER RIGHTS PROPERTY
The Agency acknowledges and agrees that the elements and intellectual property rights (including without limitation any copyright, patent, trademark or trade secret services) relating to GranCanariaGayStay.com website (including, without limitation, its General Conditions, rules, guidelines and procedures and Confidential Information GranCanariaGayStay.com), are the exclusive property of The Company or its suppliers.
Content Agency GranCanariaGayStay.com granted under the terms of this agreement, a non-exclusive transferable license to view and use all the information provided or included in the content of the accommodation or other services (text, photos, royalty-royalty, and, descriptions, maps) available on the website of GranCanariaGayStay.com
(Hereinafter Content). The duration of such leave shall be subject to the duration of the trade agreement between both parties. Such license may be revoked at any time by The Company communication made with one month’s notice.
The Agency is authorized to use the Content provided under this license only in connection with web pages that work through the system GranCanariaGayStay.com or connected with GranCanariaGayStay.com system interfaces, and only for the sale of services provided by GranCanariaGayStay.com or its affiliates.
The Agency is not authorized to grant sublicenses. The Agency acknowledges and agrees:
- That, except as herein agreed not acquires any rights in the Content.
- The directly or indirectly received or accessed Content is the exclusive property of The Company, its affiliates or its suppliers, which remain the sole owners. The Company is not responsible for any errors or inaccuracies with reality, the Content or any of its elements provided by third parties.
The Company and The Agency are independent contractors. There is no relationship of any connection, joint venture, employment, franchise, representation or agency between the parties. None of them have the power to bind the other or incur obligations on their own without the prior consent of the parties.
ASSIGNMENT OF RIGHTS
The Company reserves the right to assign all or part of the obligations or rights under these Terms to any subsidiary, associate or parent, and any subsidiary of its parent.
The Agency is not authorized to assign any obligation or right arising from these General Conditions, or any other agreement regarding complete the third party unless expressly prior authorization made by The Company.
** LAW AND ARBITRATION FOR THE USERS
The application and interpretation of the General Conditions by current Spanish legislation is governed. In case of dispute arising from the interpretation or execution of these General Conditions, the parties must submit this arbitration to the law in Las Palmas de Gran Canaria.