1. Introduction
1.1. The purpose of this document is to inform you about the terms of use and contracting conditions that govern the use of the website www.vivood.com hereinafter, the “WEBSITE”.
1.2. The WEBSITE is owned by VIVOOD MADAPAR, S.L. hereinafter, VIVOOD, a company of Spanish nationality with registered office at C/ Cronista Carreres, 11 bajo izqda – 46003 Valencia, Spain, and holder of Tax ID No. B86702768. VIVOOD’s Commercial Registry details are as follows: volume 9688, folio 128, sheet V-155941, 1st registration.
1.3. We provide you with the email address info@vivood.com so that you may contact us whenever you wish.
2. Purpose
2.1. VIVOOD makes the WEBSITE available to you in order to provide access to information about the accommodation services detailed in its content and, where applicable, so that you may contact us or book our services online.
2.2. These Terms of Use govern, together with the Privacy Policy and the Cookie Policy, the use of the WEBSITE. Therefore, we make them available to you so that you may access, consult, download or print them. Information regarding the processing of your personal data can be found in the “Privacy Policy” section.
2.3. Please read these Terms and Conditions carefully, as they affect your legal rights and obligations.
3. Acceptance of the Terms of Use and Booking Conditions
3.1. Browsing the WEBSITE grants you the status of user hereinafter, the “USER” and implies full and unreserved acceptance of each and every provision included in this document, in the version published by VIVOOD at the time you access the WEBSITE. Consequently, please read these Terms of Use and Booking Conditions carefully each time you intend to use the WEBSITE, as they may be subject to change.
3.2. The use of certain services offered on the WEBSITE may be subject to their own specific conditions which, depending on the case, may replace, supplement and/or modify this document. Therefore, before using such services, you must carefully read the corresponding Specific Booking Conditions.
3.3. VIVOOD reserves the right to modify the Terms of Use and Booking Conditions and the Privacy Policy of the WEBSITE, and users are responsible for reviewing them periodically.
4. BOOKING CONDITIONS
4.1. Purpose
The purpose of this section is to regulate the booking conditions governing accommodation service reservations made through the WEBSITE, without prejudice to any terms established in the booking engine through which such reservations are managed and which, in all cases, will be made available to you prior to booking our services. The booking conditions contained in the booking engine shall be complementary to these conditions.
4.2. Minors
4.2.1. Minors are prohibited from booking products, activating promotions or using applications, unless the appropriate consent of their parents and/or legal guardians has been obtained.
4.2.2. If at any time VIVOOD becomes aware that it has received data from a minor that does not comply with the requirements of the applicable regulations, it will proceed to cancel and delete such data. VIVOOD may contact you at any time to require you to prove your age by means of a copy of your ID card or equivalent document.
4.3. Price
4.3.1. The price shown for each reservation corresponds to the price at the time the booking is made. Prices are expressed in euros and include all applicable taxes.
4.3.2. VIVOOD may occasionally and unintentionally make a technical or human error and assign an incorrect price to a reservation. If such error is obvious and unmistakable and could reasonably have been recognised by the user, and the reservation was nevertheless made, VIVOOD shall not be bound by that price. In such case, we will inform you as soon as possible so that you may choose either to reconfirm your reservation at the correct price or to cancel it. If it is not possible to contact you, the reservation will be considered cancelled and we will refund the full amount paid as soon as possible.
4.4. Payment methods
4.4.1. Payment for the booking made shall be completed upon arrival at the hotel, so you will not have to pay any amount prior to your arrival. However, your credit card details will be requested as a guarantee for the reservation, which may be cancelled if valid credit card details are not provided.
4.4.2. The hotel reserves the right to pre-authorise the card before check-in.
4.4.3. The accommodation service reservation shall not be deemed completed until you receive VIVOOD’s confirmation email at the email address you have provided for this purpose.
4.5. Right of withdrawal and cancellations
The users’ right of withdrawal is excluded in all cases, in accordance with the provisions of the General Law for the Defence of Consumers and Users regarding the supply of accommodation services for a specific date or period of performance for purposes other than serving as housing.
Without prejudice to the foregoing, users may be granted the right to cancel a reservation, in which case this will be clearly indicated prior to making the booking and as set out at any given time in the cancellation policy.
5. Terms of Use
5.1. Access to the Website
5.1.1. Access to the Website is free of charge, except for the cost of the connection through the telecommunications network provided by the internet service provider contracted by you.
5.1.2. Access to the WEBSITE shall not require user registration, unless otherwise specified.
5.1.3. Likewise, VIVOOD does not guarantee the absence of interruptions or errors in access to the Website or its content, nor that such content is permanently updated or free from inaccuracies. In any case, we undertake, as soon as reasonably possible, to correct any possible errors, communication interruptions and lack of updating of such content.
5.2. Rules of Use
5.2.1. You undertake to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, you undertake to make proper use of the services and/or content of the Website and not to use them to carry out unlawful activities or activities constituting a criminal offence, which infringe the rights of third parties and/or violate regulations on intellectual and industrial property, or any other rules of the applicable legal system.
5.2.2. You undertake not to transmit, introduce, disseminate or make available to third parties any type of material or information, including data, content, messages, drawings, sound and image files, photographs, software, etc., that is contrary to the law, morality, public order or these Terms of Use and Booking Conditions. By way of example, and in no case as a limitation or exclusion, you undertake to:
I. Not introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, or content that glorifies terrorism or violates human rights.
II. Not introduce or disseminate data programs, viruses or harmful software on the network that may damage the computer systems of the access provider, its suppliers or third-party Internet users.
III. Not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognised in the Constitution and in international treaties.
IV. Not disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V. Not introduce or disseminate any false, ambiguous or inaccurate information or content in such a way as to mislead the recipients of the information.
VI. Not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks or copyrights belonging to the owners of the WEBSITE or to third parties.
5.2.3. You undertake to hold VIVOOD harmless against any possible claim, fine, penalty or sanction that it may be required to bear as a consequence of your breach of any of the rules indicated in this document. VIVOOD also reserves the right to claim any corresponding compensation for damages.
5.2.4. VIVOOD applies the utmost diligence in monitoring the data, opinions and other content displayed on the WEBSITE. If, despite this, you identify an error or inaccuracy, please notify us at info@vivood.com. VIVOOD will respond as soon as possible.
5.3. Content and Services Linked Through the Website
5.3.1. The Website access service may include technical linking devices, directories and even search tools that allow you to access other websites and internet portals hereinafter, “Linked Sites”. In these cases, VIVOOD shall only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their unlawfulness and has not disabled the link with due diligence. If you consider that a Linked Site contains unlawful or inappropriate content, you may notify VIVOOD, although such notification shall not, under any circumstances, imply an obligation to remove the corresponding link.
5.3.2. The existence of Linked Sites shall not, under any circumstances, imply the existence of agreements with their managers or owners, nor the recommendation, promotion or identification of VIVOOD with the statements, content or services provided by them.
5.3.3. VIVOOD is not aware of the content and services of the Linked Sites and, therefore, shall not be liable for any damages caused by the unlawfulness, quality, outdated nature, unavailability, error or uselessness of the content and/or services of the Linked Sites, nor for any other damage that is not directly attributable to VIVOOD.
5.4. Intellectual and Industrial Property
5.4.1. All content on the Website, including, by way of example only, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of VIVOOD or are duly licensed in its favour. None of the exploitation rights recognised by current intellectual property regulations over such content shall be understood to be transferred to users.
5.4.2. Likewise, trademarks, trade names or distinctive signs are owned by VIVOOD or by third parties, and access to the Website shall not be understood to grant any rights over them.
5.4.3. Users are authorised to view, reproduce, print and download the content of the Website, provided that the following conditions are met:
That such use is compatible with the purposes of the Website and does not harm the image and good name of VIVOOD, its clients, suppliers or users, or their products or services.
That such use is personal and private. As a general rule, any exploitation or use for commercial or promotional purposes is prohibited.
That the intellectual or industrial property rights of VIVOOD, as well as those of third-party content owners, are respected.
Failure to comply with the above conditions shall constitute an unlawful activity, which may give rise to the corresponding civil or criminal sanctions in accordance with applicable legislation.
5.4.4. Opinions, comments and reviews by third parties included in the different sections of the Website, including forums or mailing lists, belong to their author or signatory and do not necessarily reflect the views of VIVOOD or its collaborators.
5.4.5. By accepting these General Conditions, you assign to VIVOOD, free of charge and on an exclusive basis, all exploitation rights over the comments and opinions hereinafter, the “Content” that you publish or authorise to be published on the Website. This assignment shall be understood to be made for the entire world, without any limitation, and for the maximum duration period provided for in Royal Legislative Decree 1/1996 of 12 April, approving the Consolidated Text of the Intellectual Property Law, regularising, clarifying and harmonising the legal provisions in force on the matter. VIVOOD may exploit the rights of reproduction, transformation, distribution and public communication of the Content, in the broadest sense recognised by said Law.
5.4.6. You declare that you hold all intellectual property rights over the aforementioned comments and opinions, as well as over any content you publish on the Website, and you undertake to assume any claim or liability, including compensation for damages, that any third party may bring against VIVOOD on the grounds that their rights have been infringed by any actions arising from the obligations you assume directly or indirectly under these General Conditions.
5.4.7. Likewise, you undertake to hold VIVOOD harmless against any damage that it or a third party may suffer as a consequence of the formalisation of the assignment of rights regulated in this clause.
5.5. Exclusion of Liability
5.5.1. User access to the WEBSITE does not imply any obligation on the part of VIVOOD to monitor the absence of viruses, worms or any other harmful computer element. In any case, you are responsible for having suitable tools available for the detection and removal of harmful computer programs.
5.5.2. VIVOOD shall not be liable for any damage caused to users’ or third parties’ software or computer equipment during the use of the services offered on the WEBSITE.
5.5.3. VIVOOD shall not be liable for damages or losses of any kind caused to you as a result of failures or disconnections in telecommunications networks that lead to the suspension, cancellation or interruption of the WEBSITE service during or prior to its provision.
6. Nullity and Ineffectiveness of Clauses
If any clause included in these Conditions is declared totally or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision, or the part thereof that is null and void or ineffective. These Terms of Use and Booking Conditions shall remain in force in all other respects, and such provision, or the affected part thereof, shall be deemed not to have been included.
7. Applicable Law and Jurisdiction
These Terms of Use and Booking Conditions shall be governed by and interpreted in accordance with Spanish law. You and VIVOOD agree to submit any dispute that may arise from the provision of the products or services covered by these Terms of Use and Booking Conditions to the Courts and Tribunals determined by the applicable law.
We inform you that you have the right to request out-of-court dispute resolution in consumer matters, accessible through the website: http://ec.europa.eu/consumers/odr/.
8.Average Payment Period
The average payment period to suppliers of Vivood Madapar, S.L., according to the annual accounts for the 2019 financial year, is 29 days, compared to 43 days in the 2018 financial year.
