TERMS OF USE
These general Terms and Conditions of Use (hereinafter the Terms and Conditions of Use) regulate the access to and use of the Website and of the Application for PASSENGER6A (hereinafter P6A) devices that the company TUI SPAIN S.L.U. (hereinafter TUI) provides to Internet Users (hereinafter the User or Users).
The use of P6A represents full acceptance by the User of all the Terms and Conditions of Use in force at any time when the User accesses P6A. Therefore, if the User does not agree with any of the conditions established herein, he/she must refrain from using P6A.
1. IDENTIFICATION DATA
COMPANY: TUI Spain S.L.U., a company with registered office in Calle Mesena, 22, 2º Derecha, 28033 – Madrid (Spain), entered in the Companies Register of Madrid in Volume 18725, Book 0, Folio 89, Section 8, Page M-140868, Entry 30, with tax ID No. (C.I.F): B-81001836, telephone number 91 758 28 28, fax number 91 559 85 88 and e-mail address info@passenge6a.com.
2. PURPOSE
P6A is an online platform specialising in global tourism that facilitates and provides various contents concerning a variety of tourist destinations (hereinafter, the Content).
3. CONSENT
3.1 Access to P6A is conditional upon the prior reading and acceptance by Users of the terms, conditions, communications, legal disclaimers and notices contained herein. As soon as Users enter and use P6A they are accepting the Terms and Conditions of Use. If any User does not agree with the content or part of the content of these Terms and Conditions of Use, he/she must immediately exit P6A and may not access or use the Content.
The Terms and Conditions of Use contained herein are applicable to all types of access that exist or might exist in the future to P6A, including the Internet, via mobile telephone or any other device.
3.2 Access to P6A is open and free of charge and no prior subscription or registration is required to view it.
3.3 The User understands and accepts that any use other than the authorised use is expressly prohibited.
3.4 TUI reserves the right to make any changes or modifications that it considers appropriate to P6A and its Terms and Conditions of Use and its Privacy and Cookie Policy without prior notice.
4. RIGHTS AND OBLIGATIONS OF USERS
4.1 The User must use P6A and the Content offered therein legally, in accordance with the legislation in force, respecting the intellectual and industrial property rights of TUI and of any third party.
4.2 The User guarantees that any activities he/she carries out on P6A and the Content shall be in accordance with the law, morality, public order and good practices, hereby undertaking that under no circumstances shall they be offensive to TUI or to any other company, other Internet Users or third parties.
4.3 The User undertakes not to carry out any action through P6A that shall cause harm or changes to the Content of P6A, or hinder the functioning of P6A, and shall not cause technical problems or transfer elements that carry computer viruses or that are capable of harming, interfering with or changing the e-mails of other Users.
4.4 The User guarantees that all the data he/she provides to TUI shall be true and accurate.
4.5 The use that Users may make of the Content and/or information supplied through P6A shall be made at the expense and risk of the User.
5. RIGHTS AND OBLIGATIONS OF TUI
5.1 TUI is entitled to temporarily and without notice suspend access to P6A, after attempting to first warn Users, provided that circumstances permit.
5.2 TUI does not guarantee the truth, reliability, accuracy, suitability or appropriate nature of the information supplied to Users by third parties.
5.3 TUI does not have any kind of control over any websites and/or applications that are not its own and shall not be responsible for their content or their use. Whenever a User clicks on a link to a website that is not owned by TUI, TUI does not declare or imply that it gives its support to said website. It shall be the User’s responsibility to adopt the necessary precautions to protect him/herself and his/her computer systems against viruses and other prejudicial or harmful content. TUI rejects any kind of liability due to damages resulting from the use by the User of any websites not owned by TUI.
6. GUARANTEES AND RESPONSIBILITY
6.1 TUI has no obligation to and does not monitor the use that Users make of P6A and the Content. Therefore, TUI does not guarantee that Users will use P6A and the Content in accordance with these Terms and Conditions of Use, or that they will do so diligently, sensibly or with respect for the Law and for public order.
6.2 The User understands and accepts that P6A has been created and developed in good faith by TUI and that it is offered in its current state to Users.
6.3 TUI complies with legislation concerning Data Protection and has personal data privacy systems that block access to personal data by third parties. TUI has established all the technical and organisational security precautions required to guarantee the security and confidentiality of the personal data provided by the User, as listed in its Privacy and Cookie Policy.
6.4 However, TUI does not monitor or guarantee the absence of any viruses or other elements in the Content of P6A that might cause changes to the computer system (software and hardware) of the User or to the electronic documents and files stored in his/her computer system, despite having adopted all the necessary technological precautions to avoid this. TUI does not accept any liability for damages and losses of any kind that might arise from the presence of a virus in the Content and that might cause changes to the computer system, electronic documents, files, etc.
7. LINKS AND CONNECTIONS
7.1 Users may not establish any kind of connection and/or link to P6A from any other website without the prior and express consent of TUI, unless otherwise indicated in these Terms and Conditions of Use.
7.2 If P6A contains connections or links to other websites not managed by TUI, TUI hereby declares that it does not exercise any kind of control whatsoever over these websites and is not liable or responsible for their content. Any links that P6A might contain shall be offered solely for the purposes of informative references, without any assessment of the contents, owners, services or products offered therein.
Under no circumstances shall these links be considered as a recommendation, sponsorship or distribution by TUI of the products, services or contents owned by third parties, whether offered by said third parties or disseminated by them in any way.
7.3 TUI does not accept any responsibility concerning the services provided by said third parties regarding any complaints of any nature or any legal claims that may be brought regarding them.
8. DATA PROTECTION AND COOKIES
TUI shall at all times respect both the provisions of Organic Law 15/1999 of 13th December on the Protection of Personal Data and the provisions of other legislation in force regarding the use of Cookies. TUI shall take all necessary precautions in order to provide the appropriate standard of security for any files that contain data about Users.
Users can obtain more information by consulting the Privacy and Cookie Policy.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 TUI, as the exclusive owner or assignee, holds all the intellectual and industrial property rights regarding the elements and the Content of P6A.
9.2 All of the designs, images, maps, graphics, brands, signs, distinctive symbols or logos of TUI, frames, banners, the software and its various codes, source and object, etc. of P6A are the property of TUI, which is the owner or assignee of the intellectual and industrial property exploitation rights regarding them.
9.3 The logos or distinctive symbols of other companies that might appear on P6A during the User’s browsing, are the property of each company, with said companies legitimately holding the exploitation rights over them and giving their consent for these to be included on P6A.
9.4 Users may not copy, change, distribute, broadcast, play, publish, transfer or sell the aforementioned elements or create new products or services derived from the P6A Content or elements. Users undertake to respect the intellectual and industrial property rights of TUI.
9.5 Users may view the P6A Content and elements and even print them, copy them and store them in any physical format, provided that this is solely and exclusively for their personal and private use and not for commercial use, and may not extend this authorisation to third parties. The User must refrain from bypassing, manipulating, removing or altering any protective device or security system that is installed on P6A.
10. INFRACTIONS
10.1 TUI shall pursue the breach of these Terms and Conditions of Use and any other inappropriate use of P6A, filing all civil and criminal actions to which it may be entitled by law.
10.2 TUI provides Users and third parties with a unilateral complaints system, through which Users themselves must notify TUI of any infraction of its Terms and Conditions of Use, by writing to the following e-mail address: info@passenger6a.com
10.3 TUI shall do everything in its power to ensure that the P6A Content does not infringe the Law and/or is not pornographic, xenophobic, discriminatory, racist and that it does not promote violence, as soon as it has actual knowledge of such situations.
11. MISCELLANEOUS
11.1 These Terms and Conditions of Use constitute the entire agreement between TUI and the User concerning the purpose of this document and may only be modified by means of a written correction signed by a person who has been authorised by TUI, or through the publication of a version revised by TUI.
11.2. The legislation of some countries might not allow all of the limits of liability provided in these Terms and Conditions of Use and therefore said legislation could grant additional rights to those provided herein for Users, which TUI shall respect when this arises.
11.2 If any clause of these Terms and Conditions of Use is declared totally or partially null and void or invalid, it shall only affect said clause or the part of the same that is null and void or invalid, with the other Terms and Conditions of Use remaining and said clause or any affected part thereof being understood as excluded, unless it is essential to these Terms and Conditions of Use because it affects them all.
12. APPLICABLE LAW AND JURISDICTION
12.1 These Terms and Conditions of Use, as well as any relationship between Users and TUI, shall be governed by Spanish legislation. In the event of a dispute in the application or interpretation of these Terms and Conditions of Use, the parties submit to the authority of the Courts of the city of Madrid.
12.2 Without prejudice to the above, whenever the User is considered to be a Consumer he/she may assert his/her rights as such concerning these Terms and Conditions of Use both in Spain and in his/her Member State of residence in the European Union.
These general Terms and Conditions of Use (hereinafter the Terms and Conditions of Use) regulate the access to and use of the Website and of the Application for PASSENGER6A (hereinafter P6A) devices that the company TUI SPAIN S.L.U. (hereinafter TUI) provides to Internet Users (hereinafter the User or Users).
The use of P6A represents full acceptance by the User of all the Terms and Conditions of Use in force at any time when the User accesses P6A. Therefore, if the User does not agree with any of the conditions established herein, he/she must refrain from using P6A.
1. IDENTIFICATION DATA
COMPANY: TUI Spain S.L.U., a company with registered office in Calle Mesena, 22, 2º Derecha, 28033 – Madrid (Spain), entered in the Companies Register of Madrid in Volume 18725, Book 0, Folio 89, Section 8, Page M-140868, Entry 30, with tax ID No. (C.I.F): B-81001836, telephone number 91 758 28 28, fax number 91 559 85 88 and e-mail address info@passenge6a.com.
2. PURPOSE
P6A is an online platform specialising in global tourism that facilitates and provides various contents concerning a variety of tourist destinations (hereinafter, the Content).
3. CONSENT
3.1 Access to P6A is conditional upon the prior reading and acceptance by Users of the terms, conditions, communications, legal disclaimers and notices contained herein. As soon as Users enter and use P6A they are accepting the Terms and Conditions of Use. If any User does not agree with the content or part of the content of these Terms and Conditions of Use, he/she must immediately exit P6A and may not access or use the Content.
The Terms and Conditions of Use contained herein are applicable to all types of access that exist or might exist in the future to P6A, including the Internet, via mobile telephone or any other device.
3.2 Access to P6A is open and free of charge and no prior subscription or registration is required to view it.
3.3 The User understands and accepts that any use other than the authorised use is expressly prohibited.
3.4 TUI reserves the right to make any changes or modifications that it considers appropriate to P6A and its Terms and Conditions of Use and its Privacy and Cookie Policy without prior notice.
4. RIGHTS AND OBLIGATIONS OF USERS
4.1 The User must use P6A and the Content offered therein legally, in accordance with the legislation in force, respecting the intellectual and industrial property rights of TUI and of any third party.
4.2 The User guarantees that any activities he/she carries out on P6A and the Content shall be in accordance with the law, morality, public order and good practices, hereby undertaking that under no circumstances shall they be offensive to TUI or to any other company, other Internet Users or third parties.
4.3 The User undertakes not to carry out any action through P6A that shall cause harm or changes to the Content of P6A, or hinder the functioning of P6A, and shall not cause technical problems or transfer elements that carry computer viruses or that are capable of harming, interfering with or changing the e-mails of other Users.
4.4 The User guarantees that all the data he/she provides to TUI shall be true and accurate.
4.5 The use that Users may make of the Content and/or information supplied through P6A shall be made at the expense and risk of the User.
5. RIGHTS AND OBLIGATIONS OF TUI
5.1 TUI is entitled to temporarily and without notice suspend access to P6A, after attempting to first warn Users, provided that circumstances permit.
5.2 TUI does not guarantee the truth, reliability, accuracy, suitability or appropriate nature of the information supplied to Users by third parties.
5.3 TUI does not have any kind of control over any websites and/or applications that are not its own and shall not be responsible for their content or their use. Whenever a User clicks on a link to a website that is not owned by TUI, TUI does not declare or imply that it gives its support to said website. It shall be the User’s responsibility to adopt the necessary precautions to protect him/herself and his/her computer systems against viruses and other prejudicial or harmful content. TUI rejects any kind of liability due to damages resulting from the use by the User of any websites not owned by TUI.
6. GUARANTEES AND RESPONSIBILITY
6.1 TUI has no obligation to and does not monitor the use that Users make of P6A and the Content. Therefore, TUI does not guarantee that Users will use P6A and the Content in accordance with these Terms and Conditions of Use, or that they will do so diligently, sensibly or with respect for the Law and for public order.
6.2 The User understands and accepts that P6A has been created and developed in good faith by TUI and that it is offered in its current state to Users.
6.3 TUI complies with legislation concerning Data Protection and has personal data privacy systems that block access to personal data by third parties. TUI has established all the technical and organisational security precautions required to guarantee the security and confidentiality of the personal data provided by the User, as listed in its Privacy and Cookie Policy.
6.4 However, TUI does not monitor or guarantee the absence of any viruses or other elements in the Content of P6A that might cause changes to the computer system (software and hardware) of the User or to the electronic documents and files stored in his/her computer system, despite having adopted all the necessary technological precautions to avoid this. TUI does not accept any liability for damages and losses of any kind that might arise from the presence of a virus in the Content and that might cause changes to the computer system, electronic documents, files, etc.
7. LINKS AND CONNECTIONS
7.1 Users may not establish any kind of connection and/or link to P6A from any other website without the prior and express consent of TUI, unless otherwise indicated in these Terms and Conditions of Use.
7.2 If P6A contains connections or links to other websites not managed by TUI, TUI hereby declares that it does not exercise any kind of control whatsoever over these websites and is not liable or responsible for their content. Any links that P6A might contain shall be offered solely for the purposes of informative references, without any assessment of the contents, owners, services or products offered therein.
Under no circumstances shall these links be considered as a recommendation, sponsorship or distribution by TUI of the products, services or contents owned by third parties, whether offered by said third parties or disseminated by them in any way.
7.3 TUI does not accept any responsibility concerning the services provided by said third parties regarding any complaints of any nature or any legal claims that may be brought regarding them.
8. DATA PROTECTION AND COOKIES
TUI shall at all times respect both the provisions of Organic Law 15/1999 of 13th December on the Protection of Personal Data and the provisions of other legislation in force regarding the use of Cookies. TUI shall take all necessary precautions in order to provide the appropriate standard of security for any files that contain data about Users.
Users can obtain more information by consulting the Privacy and Cookie Policy.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 TUI, as the exclusive owner or assignee, holds all the intellectual and industrial property rights regarding the elements and the Content of P6A.
9.2 All of the designs, images, maps, graphics, brands, signs, distinctive symbols or logos of TUI, frames, banners, the software and its various codes, source and object, etc. of P6A are the property of TUI, which is the owner or assignee of the intellectual and industrial property exploitation rights regarding them.
9.3 The logos or distinctive symbols of other companies that might appear on P6A during the User’s browsing, are the property of each company, with said companies legitimately holding the exploitation rights over them and giving their consent for these to be included on P6A.
9.4 Users may not copy, change, distribute, broadcast, play, publish, transfer or sell the aforementioned elements or create new products or services derived from the P6A Content or elements. Users undertake to respect the intellectual and industrial property rights of TUI.
9.5 Users may view the P6A Content and elements and even print them, copy them and store them in any physical format, provided that this is solely and exclusively for their personal and private use and not for commercial use, and may not extend this authorisation to third parties. The User must refrain from bypassing, manipulating, removing or altering any protective device or security system that is installed on P6A.
10. INFRACTIONS
10.1 TUI shall pursue the breach of these Terms and Conditions of Use and any other inappropriate use of P6A, filing all civil and criminal actions to which it may be entitled by law.
10.2 TUI provides Users and third parties with a unilateral complaints system, through which Users themselves must notify TUI of any infraction of its Terms and Conditions of Use, by writing to the following e-mail address: info@passenger6a.com
10.3 TUI shall do everything in its power to ensure that the P6A Content does not infringe the Law and/or is not pornographic, xenophobic, discriminatory, racist and that it does not promote violence, as soon as it has actual knowledge of such situations.
11. MISCELLANEOUS
11.1 These Terms and Conditions of Use constitute the entire agreement between TUI and the User concerning the purpose of this document and may only be modified by means of a written correction signed by a person who has been authorised by TUI, or through the publication of a version revised by TUI.
11.2. The legislation of some countries might not allow all of the limits of liability provided in these Terms and Conditions of Use and therefore said legislation could grant additional rights to those provided herein for Users, which TUI shall respect when this arises.
11.2 If any clause of these Terms and Conditions of Use is declared totally or partially null and void or invalid, it shall only affect said clause or the part of the same that is null and void or invalid, with the other Terms and Conditions of Use remaining and said clause or any affected part thereof being understood as excluded, unless it is essential to these Terms and Conditions of Use because it affects them all.
12. APPLICABLE LAW AND JURISDICTION
12.1 These Terms and Conditions of Use, as well as any relationship between Users and TUI, shall be governed by Spanish legislation. In the event of a dispute in the application or interpretation of these Terms and Conditions of Use, the parties submit to the authority of the Courts of the city of Madrid.
12.2 Without prejudice to the above, whenever the User is considered to be a Consumer he/she may assert his/her rights as such concerning these Terms and Conditions of Use both in Spain and in his/her Member State of residence in the European Union.
PRIVACY
In accordance with the Organic Law 15/1999, dated 13 December, regarding Personal Data Protection, TUI Spain S.L.U. (a Spanish company, with address at Calle Mesena 22, 2º Derecha, 28033 Madrid, Spain, with Tax ID: B-81001836 and hereafter,TUI), and Feedback CIT S.L. (a Spanish company, with address at Calle Claudio Coello, 46, 2º Izquierda, 28001, Madrid, Spain and holder of Tax ID: B-82065137, hereinafter, Travelview), by means of the present Privacy Policy, state that personal details which are voluntarily given by users of internet and Tourism Sector Agencies (hereafter, the User or Users) by the different forms for contracting products and services available on the Internet site and the application for PASSENGER6A devices, (hereafter, P6A), will be incorporated and processed in files owned by TUI and Travelview and under their responsibility, in order to be able to contact Users, manage requests for services as well as answering any queries. This Privacy Policy applies to the P6A and all TUI and Travelview products and services available. This Privacy Policy is intended to give information about the way that TUI collects, handles and protects personal data through P6A, so that Users who use P6A and/or services available in the same may freely and voluntarily decide if they wish to make their personal data available on the forms available in its case.
Access and use by the User of the P6A implies that they totally accept it, and is obliged to fully comply with what is established in this Privacy Policy as well as the provisions contained in the Terms and Conditions of Use. Therefore, Users should read this Privacy Policy carefully each time they intend to use the P6A, as there may be changes, depending on new features or legislation and jurisprudential requirements or due to business demands.
The present Privacy Policy shall be valid only for personal data obtained in P6A, not being applicable for information collected by third parties on other websites, even if they are linked by P6A.
The User shall be solely responsible for the veracity and accuracy of data provided. Only those over the age of 18 may be Users. TUI and Travelview do not intentionally collect any personal information from visitors under the age of 18.
1. CONSENT
From the time when Users enter and use P6A, or in its case the Application, and make their personal data available (hereafter, Personal Information), they are accepting the provisions contained in this Privacy Policy and expressly agree that their Personal Information will be treated as stated in this Privacy Policy.
2. EXERCISING ARCO RIGHTS
Any P6A User may exercise their rights of Access, Correction, Cancellation and Opposition (ARCO) at any time in the terms established in the Organic Law 15/1999 by contacting the following TUI and Travelview addresses:
TUI SPAIN S.L.U
Calle Mesena, 22, 2º Derecha
28033 Madrid (Spain)
Email: info@tuispain.com
Feedback CIT S.L. (Travelview)
Claudio Coello, 46, 2º Izquierda
28001 Madrid (Spain)
Email: info@passenger6a.com
3. REGISTRATION AND PERSONAL INFORMATION
All personal data entered in P6A by users is given by Users, voluntarily and knowingly making use of their freedom. Personal Information stored includes basic data entered on contact forms or other similar forms.
TUI and Travelview may collect Personal Information for the identification of Users by different means, for example, such as when users visit P6A, fill out a form to obtaining a service that may be available in P6A, when completing a survey, or requesting information about any product, asking a question or sending an email message to TUI with comments. This information can include the collection of personal data in a lot of cases. TUI and Travelview may ask for the name, email address and other information from Users, that it deems necessary to supply services and products available in P6A.
Users will always be able to refuse to give their Personal Information to TUI and Travelview, except when this prevents them from accessing services or participate in certain activities related to P6A.
TUI and Travelview may use the Personal Information gathered in P6A for various commercial aims, such as customer service, fraud prevention, improvement of products and services, or to provide Users with the information and offers considered to be of interest to them.
TUI and Travelview comply with legal requirements regarding personal data protection measures required and has taken reasonably enforceable steps, according to current technical knowledge to prevent loss, misuse, alteration, illegal intrusion and theft of personal data provided by Users. However, it is necessary to know that the internet is not a medium that is completely uncrackable.
TUI and Travelview guarantee that in no case can Users' data be transferred to third parties and will only be given to third parties when a legal regulation permits it (administrative, judicial, authorities etc.) or by obtaining prior consent from the user.
The User may reject the treatment of Personal Information by rejecting the use of cookies by selecting the appropriate settings on their browser, as is stipulated in the Cookie Policy; however, the User must know that if they do this they may not be able to use all P6A functions.
4. IMPERSONAL INFORMATION
TUI and Travelview may collect impersonal identification information from Users every time they come into contact with P6A. The impersonal identification information can include the browser name, the type of computer used and technical information on the means used to connect to P6A by the User, or in its case the Application, as well as the operating system used, internet service providers and other similar information.
5. THIRD PARTY WEBSITES
P6A may have advertising, links or other types of content that link or redirect to pages and services of partners, vendors, advertisers, sponsors or licensors of TUI, Travelview and other third parties.
TUI and Travelview do not control the content or links that appear on these pages and is not responsible for the practices used by these websites which take or are derived from P6A. These other pages and services may have their own privacy policy and its own customer service policy. TUI and Travelview are, in no case, responsible regarding the search or interaction on any other website, including those which have a link to P6A, and are subject to the terms and conditions of that website.
6. PRIVACY POLICY CHANGES
TUI and Travelview may make changes to the present Privacy Policy, which will be published in P6A. TUI and Travelview reserve the right to update or modify this Privacy Policy at any time and without prior notice.