1. TECHNICAL ORGANISATION
This website offers two distinct products:
Online Booking and Payment for accommodation, marketed by HOTELOPIA, S.L.U., (hereinafter Hotelopia), a legally constituted Spanish company registered in Palma de Mallorca, Complex Mirall Balear, Camí de Son Fangos, 100; Torre A, 5na planta, C.P. 07007, which operates as a wholesale-retail travel agency, with tax identification number (C.I.F.) B-57218356, under license BAL-481 M/D, inscribed in the Commercial Registry office of Palma de Mallorca (page PM-44857, volume 2007, folio 148) and
Online Booking and Direct Payment at the accommodation establishment, as promoted by LIBERATE S.L.U., a legally constituted Spanish company registered at Complex Mirall Balear, Camí de Son Fangos, 100; Torre A, 5na planta, C.P. 07007, Palma de Mallorca, with tax identification number (C.I.F.) B-07067465 (hereinafter Liberate).
Hotelopia and Liberate are part of TUI Travel PLC.
This website is property of Hotelopia, on whose website, www.hotelopia.com (hereinafter, the website), Liberate has licensed non-exclusive use of its name for the promotion of its Hotel direct payment method.
Both products, offered on www.hotelopia.com, will be made available exclusively to end users (hereinafter, you). Said products are subject to their respective General Terms and Conditions, demonstrated on the website, and according to the prices, rates and cancellation conditions displayed at the time of booking. The website will provide information on the process of booking a reservation.
CONDITIONS ON USE OF THE WEB
The use of our website indicates complete acceptance, without exception, of the conditions contained in these clauses and it is a proof of express consent to contract the service booked. Bookings and the contracting of services offered by Hotelopia and Liberate may only be transacted by persons of legal age and with full legal capacity to act.
To that end, you:
- Will not use the website for any other purpose than to book accommodations.
- May not post, transmit or disseminate any information on or via this website that is or may be harmful, obscene, defamatory or otherwise illegal, or may constitute an infringement of the rights of Hotelopia, Liberate or third parties.
- Will not make any unauthorised, false, or fraudulent reservation.
- Will not use any software, routing or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website, including but not limited to: uploading or making files available that contain corrupt data or viruses, by whatever means.
- Will not deface, alter or interfere with the appearance and layout of this website or the underlying software code.
- Will not take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure.
Hotelopia offers the website “as is”. You acknowledge and accept that it is technically impossible for Hotelopia to guarantee that its website will not go through interruptions, failures, or infiltration by unauthorised users or computer hackers.
Hotelopia reserves the right to suspend access to the web on technical grounds, maintenance, security, and Act of God grounds, and assumes no responsibility to compensate or refund a user to access suspension.
Access to the web remains under complete control
of Hotelopia, reserving the right to modify, substitute, suspend or remove any data or web services without prior notice.
It is prohibited to use this website to extract data for commercial purposes via automated processes (known as "screen scraping"). Exceptions: in cases where any type of agreement with a third party has been signed which allows hotel prices to be accessed and compared.
2. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
Confidential information shall be defined as any information or data provided by you that Hotelopia might require for a booking and to contract services.
Therefore, confidential information shall be deemed to include, but not be limited to: any telephone numbers, fax numbers, email addresses, addresses of residences, signatures, ID or passport copies, credit card details, personal preferences, disabilities, or any special dietary or religious requirements, or any other information related to you or your group that Hotelopia and the accommodation provider or service supplier may need access to for the sole purpose of completing your reservation and for the purposes of associated administration.
Under no circumstances will the following be considered confidential information:
- Any information that is in public domain or that may become public knowledge, unless it becomes public knowledge due to a breach of the agreement by one of the parties.
- Any information or know-how disclosed to third parties.
- Divulgence of information required by the Law.
- Divulgence of any information requested by Courts or Tribunals.
- Information regarding economic information or any other kind of data that must be submitted to the State, local or autonomous authorities for tax reasons, labour requirements, or administrative contracts.
You, in accepting the General Terms and Conditions, and in accordance with Directive 2000/31/CE, on particular legal aspects of Information Society services and Electronic Commerce, consent and authorise Hotelopia and/or Liberate to solicit accommodations from the establishments, providing all personal information relating to you and your group. The personal information that Hotelopia collects from the accommodation provider shall be obtained, processed and transmitted in compliance with European Directives 95/46, 2002/58 and/or any other such legislation that substitutes, complements and develops the Personal Data Protection Regulation (hereinafter PDPR) and will be used to facilitate and allow for the booking and payment for tangible services included in the product.
ACCESS AND PROTECTION OF PERSONAL DATA
Should Hotelopia and/or Liberate, in order to supply the services you request, require access to files containing personal data; Hotelopia shall ensure that this can be done under the PDPR.
Your acceptance of these Terms implies your express consent to the information provided by you and the archives of Hotelopia and/or Liberate and to the handling of this information solely for their processing, administration, evaluation and booking of the services offered by Hotelopia and/or Liberate, and are agreed upon by you.
Any personal data you provide to Hotelopia and/or Liberate when using this system, shall be understood to have been obtained, processed and transmitted in strict compliance with the PDPR; in accordance with this, you are hereby informed and give your express consent to the inclusion of this data in personal data files held by Hotelopia, and to the processing of the same for the purposes of: provision, administration, intermediation and contracting of the services provided by Hotelopia and/or Liberate, the processing of bookings and payment of products and services through Hotelopia, call centres, mobile communication systems based on GSM, GPRS or UMTS technology; incident management; the drawing up of statistics and, in particular, the sending of quality questionnaires, to be answered on a strictly voluntary basis, which will enable review of the service offered by the accommodation provider, in order to maintain at all times the high quality of the hotels we offer our clients, through determining client satisfaction with the services provided by the hotel at which you stayed. Hotelopia reserves the right to not show any comment that does not refer to the service provided by the hotel.
These files shall be managed by: Hotelopia, S.L.U. with business address in Palma de Mallorca (Spain), Complex Mirall Balear, Camí de Son Fangos, 100; Torre A, 5na planta, CP 07007.
You have the right to access, amend, delete and oppose the use of your data by contacting Hotelopia at the above address, by any of the communication channels used by Hotelopia, either in person or in writing by post or by email to the address given in the 'Contact Us' section. Should the user be unable to access the email address provided, please contact us by post at: Palma de Mallorca (Spain), Complex Mirall Balear, Camí de Son Fangos, 100; Torre A, 5na planta, CP 07007, including a signed registered letter specifying the action requested and a photocopy of your national ID document.
Pursuant to the PDPR, Hotelopia and/or Liberate undertake to keep as a professional secret any data provided, even once the commercial relationship has ended, and to ensure the staff members that develop the services that are held to this obligation.
Hotelopia and/or Liberate declare and guarantee that it has introduced the necessary technical and organisational measures to guarantee the security of the personal data and thus prevent their alteration, loss, processing and/or unauthorised access, in view of the state of the art, the nature of the data stored and the risks to which they are exposed.
In the event that they have access to any personal data, Hotelopia and/or Liberate specifically undertake the following:
- To ensure that the data is stored by means of the legally required technical and organisational security measures that guarantee the security thereof, avoiding its alteration, loss, processing or unauthorised access, pursuant to the prevailing state of the art, the nature of the data and the possible risks to which it is exposed.
- To use or apply the data only to perform the services agreed upon and to fulfil the purposes agreed upon.
- Not to pass on such data to other parties, not even for the purpose of safekeeping, or reproduce part or all of the information, results or lists thereof.
- To ensure that the data is only handled by employees who need it to perform the service. Any third parties to whom that information is revealed shall be bound to abide by the confidentiality obligation.
- Once the personal details are no longer necessary for or relevant to the aim for which they have been registered or gathered, you are assured that the information will be deleted, destroyed and/or returned, along with the formats or documents in which they are given, without any copy being kept.
Hotelopia and/or Liberate may disclose the CUSTOMERS information to the contracted services supplier, solely for administration reasons and card fraud checks in order to complete the CUSTOMERS booking. Any data thus collected on this website may be transmitted, according to the PDPR, to those entities that must be involved in order to contract the requested services.
Likewise, and pursuant to Article 34.e) of Organic Law 15/1999 of 13 December on personal data protection (LOPD), you hereby consent to Hotelopia and/or Liberate passing on your data to the addressees under the terms and conditions given above, to any destination in the world, even to those that do not offer a level of protection comparable to that of the LOPD.
Your consent for the processing and cession of your personal data may be withdrawn at any time, by contacting the person responsible for the file in writing as above. Finally, you are informed that the data you provide will be treated in the strictest confidence and kept in a server that complies with the requirements established in Spanish legislation on data protection.
Hotelopia and/or Liberate have some of the most secure technology available in regard to credit card data protection. It likewise complies with international regulations on the matter. All Hotelopia sections in which we request sensitive information use the SSL communication protocol. This means that the information sent via the Internet from your computer to our server is coded, making it indecipherable for outsiders.
This technology ensures and guarantees that your data cannot be intercepted, manipulated or replaced in any way. Thus, payment via Internet is today as safe as any traditional purchase.
You hereby authorise Hotelopia and/or Liberate to contact you with information and to offer products and services provided by Hotelopia, Liberate or other companies in the TUI Travel PLC group. Hotelopia and/or Liberate, in any case, will not pass on information to any person not directly responsible for the travel preparations. Hotelopia and/or Liberate do not intentionally collect personal data from minors.
Hotelopia and/or Liberate will use your personal information, per your express consent, to invite you to voice your opinion on the accommodations after your stay.
If you call us, or if we call you concerning your reservation, the calls may be recorded for purposes related to labour issues and supervision. In the case of any litigation regarding a reservation, Hotelopia and/or Liberate reserve the right to review the content of these calls.
When a consumer stays outside the European Economic Area (EEA), the data protection controls may not be as strict as those required under the PDPR. In any case, Hotelopia and/or Liberate will not pass on information to any person not directly responsible for the travel preparations.
3. OWNERSHIP AND OTHER RIGHTS
You hereby acknowledge and agree that any element and intellectual property rights pertaining thereto (including without limitation all copyrights, patents, trademarks, service marks, software, logos, graphics, text, designs, compilations of data, hotel reports, photographs, images, maps, and other material) on the Hotelopia website (including, without limitation, its General Terms and Conditions, rules, policies and operating procedures and Hotelopia confidential information), received or acceded are the exclusive property of Hotelopia, Liberate or their suppliers.
You acknowledge and agree that, except as stated herein, you will not acquire any right or interest in the information or data acceded and that Hotelopia and/or Liberate shall remain the sole owner of the information or data including, but not limited to, all patent, copyright, trademark, trade name, contract, industrial design, and other property rights pertaining thereto, anywhere in the world.
All trademarks, copyright, database rights and other intellectual property rights in the materials on this website (as well as the organisation and layout of this website) together with the underlying software code are owned by Hotelopia, Liberate or their suppliers. You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or the underlying software code whether in whole or in part without the prior written permission of Hotelopia and/or Liberate.
As an exception to the provisions of the General Terms and Conditions, you hereby agree not to copy, reproduce, modify, transmit, sell, lease, market nor disclose to third parties the contents of the website (and/or any of its elements) as provided/displayed by the website.
Any information published on the website regarding the hotels announced therein, including but not limited to hotel details, availability and price of lodging, available installations, any accreditation claimed by the hotel, and any other detail regarding any other service publicised on the website, having been published therein by the service and accommodations providers, which are independent enterprises and do not act as representatives, employees or affiliates of Hotelopia/Liberate. This information does not consist of any consent or recommendation on behalf of Hotelopia and/or Liberate, for which Hotelopia and/or Liberate are not to be held responsible for the inaccuracies or errors contained therein pertaining to the accommodations and related services. These independent enterprises offer their services contingent upon their own conditions, which might, at the same time, exclude or limit their own responsibility to you. Hotelopia and/or Liberate and their affiliates are not responsible for any action, omission, non-compliance or negligence on the part of these independent enterprises, or any expenses brought on by them. Hotelopia and/or Liberate and their affiliates do not offer any guarantee of refund in the case of overbooking, Act of God, or any other cause that resides outside their control.
Since Hotelopia and/or Liberate act as reservation agencies, any responsibility regarding documentation errors are renounced, with the exception of such an error that is committed by Hotelopia and/or Liberate. Hotelopia and/or Liberate only offer the website so that the accommodations establishments can offer their product and so that you can communicate and, if you so desire, make your bookings with the accommodations establishment.
You hereby acknowledge and agree that the sole disclosure of or access to the information or data available on this website does not constitute an offer by Hotelopia and/or Liberate for the sale, license or other transfer of such elements.
Hotelopia does not automatically subscribe users to our newsletter. You can select to receive our newsletter. If you subscribe, you will receive news and hotel offers by email. You can unsubscribe from this service at any time by accessing the Newsletter section.
5. LINKS TO OTHER WEBSITES
The website may contain links to the websites of third parties, which will be for information purposes only. Such websites are not dependent on Hotelopia and/or Liberate, who accept no responsibility for them or for the material they contain.
Hotelopia and/or Liberate provide these links to the user but do not endorse or control the content found therein. Hotelopia and/or Liberate do not guarantee or take any responsibility for any interaction with these other sites (including, for example, inability to access them), and take no responsibility for any of the material or information that appears in the aforementioned websites or that you might find upon leaving this website by clicking a link, hypertext, or any other such means regarding a service or product described in these websites which you might reserve.
In no circumstances will Hotelopia and/or Liberate be liable for any loss or damage, either direct or indirect of any type resulting from the access or not to the website, its use or the information contained therein, including lost profits or the like.
It is recommended that you run an anti-virus check on all material and content downloaded from the Internet in general and from this website in particular.
6. INFORMATION DISPLAYED ON THE WEBSITE
The information on accommodation and other services provided by Hotelopia and/or Liberate is as true as possible considering that data comes from the service providers. Hotelopia and/or Liberate shall not be liable for any lack of correspondence of the information given with the actual service provided by the provider.