Condiciones Generales IberostarPRO

GENERAL TERMS


 

GENERAL TERMS FOR MAKING ENQUIRIES AND BOOKINGS VIA THE IBEROSTARPRO.COM WEBSITE


 

The website https://www.iberostarpro.com is the property of IBEROSTAR HOTELES Y APARTAMENTOS S.L., commercial entity constituted pursuant to Spanish law, with business address at C/ General Riera, 154, 07010 de Palma de Mallorca, and tax ID No. B28049344, registered in the Registro Mercantil de Mallorca [Majorca Commercial Registry] in volume 1687, folio 59, page number PM-5191, Record 1ª.

The website is operated by the company PORTAL INTERACTIV, S.L. Unipersonal, with business address at C/ General Riera, 154, 07010 Palma de Mallorca, and tax ID No. B38803953, registered in the Registro Mercantil de Palma de Mallorca, in volume 2699, folio 120, page number PM-80935, Travel Agency of the Wholesale-Retail Group that holds the Title-Licence number AVBAL/718 granted by the Consejería de Turismo del Gobierno Balear [Balearic Government Ministry of Tourism] (hereinafter, the “Website”).

The Website has set up a server accessible at https://www.iberostarpro.com which enables Travel Agencies and companies to make enquiries and bookings for hotels in the Iberostar Group, to which PORTAL INTERACTIV, S.L. Unipersonal belongs (hereinafter, “IberostarPRO.com”).

Accepting these general terms supposes and entails the express acceptance of the terms for use and privacy listed in the tab “LEGAL NOTICE AND PRIVACY POLICY” of this website.

 

The Agency/Company states that it meets all the legal requirements to operate and that it is interested in registering at IberostarPRO.com through the point of sale or office of the Agency/Company whose details it shall provide (hereinafter, the “Office”) and in using the booking system provided by this website, which it formalises subject to the following

 

CLAUSES

 

ONE.- PURPOSE

 

These general terms regulate the agreement between the Website and the Agency/Company for the use of IberostarPRO.com, and the commercial conditions arising from this. By accepting these general terms, the Agency/Company requests from the Website the free access to and use of IberostarPRO.com, via internet connection, from the Office.

The Website reserves the right to modify these general terms, with the booking being subject to the version of the general terms applicable when it is formalised.


 

TWO.- EXECUTION OF THE AGREEMENT

 

The agreement between the Website and the Agency/Company will be executed once the Agency/Company receives the email confirming the registration of the Office on IberostarPRO.com. This communication will be made once the Website has checked that the details of the Agency and the Office indicated on the registration request form are correct and accurate.

In the event that the registration request is denied, under no circumstances may any agreement be considered to be executed between the Website and the Agency/Company. Furthermore, the Agency/Company cannot request any kind of compensation payment from the Website due to this refusal.


 

THREE.- ACCESS TO IBEROSTARPRO.COM

 

Once the registration request from the Office has been confirmed, the Website will email a username and access key to the manager and each of the agents mentioned in the registration form. This key can be changed by the users, freely and under their responsibility.

 

The Agency/Company declares that, once it is registered on the service and receives its key, it is fully responsible for the use of IberostarPRO.com, the bookings made using its agents’ credentials or those modified through the use of its authorisation, as well as any other type of operation that is carried out from this Agency/Company using this service, the Agency/Company thereby assuming all obligations that may arise from it.

The costs of accessing IberostarPRO.com, in all cases, will be covered by the Agency/Company.


 

FOUR.- CONFIDENTIALITY OF ACCESS KEYS

 

Both the Website and the Agency/Company undertake to keep these keys confidential under the corresponding responsibility at all times, according to the provisions of these general terms.


 

FIVE.- EXEMPTION OF THE INFORMATION STIPULATED IN ARTICLES 27 AND 28 OF THE LSSI-CE

 

According to the provisions of articles 27.2.a) and 28.3.a) of Law 34/2002, of 11 July, on information society services and electronic commerce, the Agency/Company releases the Website from the obligations stipulated in these articles.


 

SIX.- TERMS OF USE OF IBEROSTARPRO.COM

 

6.1. Use of IberostarPRO.com

 

The Agency/Company undertakes to use IberostarPRO.com and the services offered on it in a legal manner, in accordance with the provisions of these general terms and in such a way that does not breach the rights or interests of third parties or harm or cause abnormal use of IberostarPRO.com or the services provided by it.

 

The user uses IberostarPRO.com at their own risk, therefore the Website is not responsible for possible damages arising from any interference, interruption, computer viruses, telephone breakdowns or telephone disconnections not caused by the Website; delays or blockages in the use of this electronic system caused by deficiencies or overloads in its data processing centre, telephone lines, in the Internet system or other electrical systems; nor any other alteration that may occur in users’ software or hardware.

 

Similarly, the Website will not be liable for any damage caused by third parties through illegitimate interference beyond its control. Nor will it be liable for any loss or damages caused by the use or misuse of the content of IberostarPRO.com or for any consequences that may arise from errors, defects or omissions in the content provided by third parties that may appear on it, with the chosen hotel being the third party for such purposes.


 

6.2. Content of IberostarPRO.com and links

 

The Website reserves the right to change, modify, add or delete the information presented on IberostarPRO.com at any time, therefore the Agency/Company undertakes to regularly review it to keep up to date with the changes made.

The Website takes no responsibility whatsoever for any third-party content that is transmitted, hosted or which is offered via a link from IberostarPRO.com, as it is not obliged to check in advance whether this link complies with the applicable law. Nor does it guarantee the absence of viruses or other elements that could alter the user’s IT system, documents or files and takes no responsibility for damages of any kind caused to the user by this.

Any entities that, subject to authorisation from the Website, intend to establish a link with IberostarPRO.com must guarantee that they only permit access to this page but do not reproduce its content.


 

SEVEN.- BOOKINGS

 

7.1. Bookings through IberostarPRO.com

 

Through IberostarPRO.com, the Agency/Company can make bookings for stays at Iberostar hotels by using its access keys.


 

7.2. Methods of payment and liquidation of commission

 

At the discretion of the Agency/Company, bookings made through IberostarPRO.com can be paid for as follows:

1. Immediate payment with credit or debit card of the Agency/Company
On the Website, MASTERCARD, AMEX and VISA cards are accepted, unless restricted due to the destination. If this payment method is chosen, the booking will be paid for immediately.

The amount to be charged to the Agency/Company credit card will be the net amount (total of the booking minus commission), if applicable.

Payments will be made using the card indicated by the Agency/Company during the booking process (company card of the agency or company).

If the payment operation with credit card is denied, the booking will not be processed.

 

2. Payment via bank transfer
Option only available for bookings made at least fifteen (15) days before the check-in date at the Hotel.

The transfer must be received, at most, fifteen (15) days before the guest arrives at the hotel, for the amount of the rate (minus the corresponding commission, if applicable). Non-fulfilment of this obligation will be understood as a withdrawal of the booking by the Agency/Company, leading to the automatic cancellation of that booking.

 

3. Immediate payment with the Customer’s credit or debit card
On the Website, MASTERCARD, AMEX and VISA cards are accepted, unless restricted due to the destination. If this payment method is chosen, the booking will be paid for immediately.

This payment method must be requested by the Agency and approved by the Website. The availability of this payment method is not guaranteed at any time.

The amount to be charged to the Customer’s credit card will be the total of the booking.

Payments will be made using the Customer’s card indicated by the Agency during the booking process.

To recoup commission on this payment method, a request must be made via the Iberostar supplier website according to its guidelines.

If the credit card transaction is declined, the booking will not be processed.

 

4. Credit

After signing a special agreement, in this mode the Portal grants credit to the Agency/Company for its reserves up to a certain amount (hereinafter "Credit Limit").

The system automatically issues an invoice for each reservation on the working day following the departure of the guest, the amount of which the Agency/Company will pay (less the commission, if applicable) within a maximum period to be agreed (hereinafter "Payment Period") from the date on which the Credit Limit has been reached.

If the Agency/Company does not comply with these payment conditions, it will automatically go into a pre-payment regime for its future reserves in one of the ways foreseen for this purpose in the previous paragraphs, until it is brought up to date with its payments by bank transfer or any other means of payment accepted by the Portal. Notwithstanding the above, Portal reserves, until then, the right to cancel and not attend the live reservations of the Agency/Company.

With the updating of the Agency/Company in the payments to Portal the Credit Limit for the Agency/Company will be restored. 

In this case, the Portal will be able to request from the Agency/Company a guarantee of payment by means of i) authorisation of the use by the Portal of the credit/debit card that the Agency/Company presents ii) bank guarantee iii) corporate guarantee iv) any other means or modality that is considered sufficient by the Portal. In the same way, the Portal reserves the right to obtain information from the Agency/Company to request credit coverage from its insurance company.

 

EIGHT.- INVOICING FOR THE STAY

 

Invoicing will be issued by the company belonging to or linked to Iberostar Group that markets the Iberostar hotel in question.

Any delay in the payment of invoices will lead to i) accrual of interest of 8% p.a. on the amounts owed; and ii) automatic suspension of sales to the Agency/Company with immediate effect and without any additional notification or warning required.

The issuing and sending of invoices will be carried out by the following bodies and departments depending on the Iberostar hotel in question:

 

- Hotels in Europe and the Mediterranean:

Sociedad Portal Interactiv, S.L. with tax ID No. B-38803953

- Hotels in Cuba:

Sociedad Laisla Overseas, S.L.U. with tax ID No. B-57997058

- Hotels in Central and South America, excluding Cuba:

Sociedad Visit Us Inc. with tax ID No. 650281620

- Hotels in Brazil, for local customers:

Nolandis Empreendimentos e Participações Ltda with tax ID No.: 05581720000101

- Hotels in Mexico, for local customers:

Hotelera Playa Paraiso SA de CV with tax ID No.: HPP980205ER1 

Hotelera Playa Litibu SA de CV with tax ID No.: HPL040719KV5 

Hotelera Playamar SA de CV with tax ID No.: HPL961011GT7 

RLJ- Cancún Hotel S. de R.L. de C.V. with tax ID No.: RH0910920KG8

- Hotels in New York (United States):

Sociedad Citusa Park Avenue LLC with tax ID No. TF4494997

- Hotels in Miami (United States):

Sociedad Berkeley Shore, LLC with tax ID No. 46-2898541

 

The Agency/Company recognises that residents or citizens of the USA travelling to Cuba are subject to US law and require a permit from the US government.

It is the responsibility of the Agency/Company to have such permits, licences and authorisations and to ensure that the American end customer obtains them.

The Website will not be liable for any reimbursement or responsibility related to trips or bookings made by US residents or citizens who do not have the required permits.


 

NINE.- CANCELLATION, NO-SHOW AND EARLY CHECK-OUT. ACCOMMODATION

 

The closure of sales by the Website may be automatic. The availability on the system is always updated automatically without notice.

 

10.1 Bookings

 

The Agency/Company can make bookings by one of the following two methods:

Online: www.iberostarpro.com.

Telephone: Call centre depending on the country where the Agency/Company is based. The call centre telephone numbers can be viewed at IberostarPRO.com at any time.

The Agency/Company must duly identify itself so that the bookings appear with the name of the contracting company.

 

10.2. Cancellation, no-show, modifications and early check-out

 

The conditions for changes and cancellation vary depending on the rate booked and must be accepted before completing the purchase. The Website is exempted from any responsibility deriving from the failure to read or the omission of these conditions on the part of the Agency/Company.

These conditions can be consulted at any time at IberostarPRO.com, both from the agent area (My IberostarPRO) and during the booking process.

In the event that the payment of the stay was not made upon cancellation or no-show, any penalties stipulated in the particular conditions will be charged, using the credit card presented by the Agency/Company for such purpose as a security deposit.

The reimbursement of the amount paid, if applicable, minus any penalty will be made by the same method as the payment of the stay.

No penalty will be charged for cancellation or no-show of the customer in the event that this is due to their involvement in any accident, wars in the customer’s country of residence or destination, epidemics, death of a relative or if proof is presented of a delayed or cancelled flight, provided that the Website has been notified of this within 24 hours of the customer learning of this event. The Website can request as much information and documents as are necessary to justify this cause. If insufficient proof is provided at the discretion of the Website, the corresponding penalty will be applied.

In the event of cancellations and no-shows, the Agency/Company will not receive commission on the penalty.

Modifications. The Agency/Company can modify its bookings from its account on IberostarPRO.com or via the call centre, provided the conditions for this are met. If applicable, the Agency/Company must assume the payment of the supplement or request the reimbursement of the money involved in the modification.

Early check-outs will not be applicable for reimbursement. However, the Portal will assess the opportunity to make a reimbursement proportional to the time of stay not used, provided that there are exceptional circumstances justifying the early check-out, at the Website’s discretion.

If the change of dates incurs a change of rate, the rate corresponding to the dates of the stay will always be applied.


 

10.3. Accommodation

 

The Agency/Company cannot make deductions, compensation or withholdings on the billing under the pretext of or pursuant to customer complaints. Any discounts, compensation or withholding must be expressly agreed by mutual agreement between the Website and the Agency/Company.

The Agency/Company must inform the Website of any complaint made against it by a customer or third party deriving from the service provided by the Website, giving them the opportunity to be party to the negotiation, possible compensation and, if applicable, judicial complaint that this gives rise to.

The Agency/Company cannot make any kind of amicable settlement agreement with customers or third parties who complain about the services provided by the Website without the prior written consent of the Website.

Subject to the foregoing, the Website and the Agency/Company shall agree, if applicable, how much each party must contribute to any compensation to the customer.

Each party undertakes to reimburse the other party for the expenses (expressly excluding the costs of lawyers and legal representation) it incurs due to legal complaints arising from no-shows or shortcomings in the provision of services on the part of the other party.

In the exceptional event that the Hotel cannot accommodate one or several customers whose booking is confirmed, accommodation will be provided in an establishment of equal or superior category, preferably in the same area.

Portal Interactiv will not be responsible for the direct or indirect breach of this contract in the event of force majeure or when this breach is due to force majeure or other circumstances beyond its control.

The following examples, among others, shall be considered as events of force majeure: strikes, war, flooding, natural disasters, explosions, power cuts and any administrative or legal restriction or prohibition.


 

10.4. Groups

 

Group bookings are understood to be those in which any of the following circumstances apply:

  • Bookings or blocks made by the Agency/Company for five rooms or more under one or several booking references with the same creation date, or, if made on different dates, where some or all of the dates of stay of the bookings coincide.

  • Bookings that refer to a group or are linked to other bookings, or when the communications or information received by Portal Interactiv show that it is a group booking.

  • Block bookings in the name of one person or with several names repeated.

Portal Interactiv reserves the right to prohibit changes to booking holders’ names. 

Group booking terms. The booking terms for groups can be viewed at any time in the Group section of the website www.iberostarpro.com. These terms and conditions may change at any time without prior notice, therefore the Agency/Company is responsible for checking them regularly to keep informed. Nevertheless, the system automatically sends these conditions in an attachment to the confirmation of a group booking.


 

TEN.- OBLIGATION OF THE AGENCY/COMPANY REGARDING PEOPLE WHO WISH TO MAKE A BOOKING

 

The Agency/Company undertakes to send the following documentation to the relevant parties when making the booking:

  • In the event that the Agency/Company books a stay directly through IberostarPRO.com:

    • Voucher to use at the hotel, which does not state the price.

  • When processing a booking on behalf of a customer, as well as the aforementioned documents, the general and specific terms of the booking and the corresponding rate will be sent, in addition to the document of acceptance of general terms for the signature of the customer, the original copy of which will be kept by the Agency/Company.

  • In any event, a pro forma invoice will automatically be sent with the confirmation of the booking.

 

ELEVEN.- INDEPENDENCE OF THE PARTIES AND USE OF TRADEMARKS

 

12.1. The agreement entered into by the Website and the Agency/Company does not entail legal confusion between the parties. As a result, being independent business organisations, each of these shall assume the risk of their own activities, personally assuming their obligations regarding third parties. The Agency/Company is prohibited from acting in the name, on behalf of or representing the Website, taking into account the independence relationship existing between both parties, except in matters where the Agency/Company requires the written authorisation or mandate of the Website.

 

The Agency/Company is obliged, during the term of this contract, to keep up to date with its administrative, tax, labour, Social Security, labour risk prevention, confidentiality and personal data protection obligations.

 

The Agency/Company manages the work process, has the power to manage and organise its employees and gives the necessary instructions to its work force.

 

The Agency/Company cannot, under any circumstances, expect the Website to contribute to the expenses arising from the functioning of its business, undertaking to conduct the activity at its own risk.

 

Any legal costs, sanctions or compensation arising from the Website’s defence against a complaint, disciplinary proceedings or lawsuit that is the responsibility of the Agency/Company shall be assumed by the latter.

 

12.2. All trademarks, copyrights, rights to the database and other intellectual and industrial property rights over the material of the website of each party (as well as its organisation and appearance) as well as the source code are the property of the respective party or their providers. None of the parties, nor their users, may copy, modify, alter, publish, publicly communicate, distribute, sell or transfer the material of the website of the other party or their source code, in full or in part, without the written authorisation of the owner of such website.

 

The Agency/Company undertakes not to register in its name, nor in the name of third parties, internet domain names that contain, alone or in combination with others, the word Iberostar or the name of Iberostar accommodation establishments, nor directly or indirectly market the accommodation that the Portal places at its disposal by virtue of this contract, on websites that are accessed via domain names with the aforementioned characteristics.

 

At specific times and with a common purpose or objective, both parties may agree to conduct joint marketing activities to raise brand awareness for both parties.


 

TWELVE.- RESPONSIBILITY

 

The Website and the Agency/Company personally assume responsibility they may incur due to the obligations acquired by each of them regarding third parties, with no possibility of confusion whatsoever. As such, both parties undertake to hold the other harmless for any consequences that could be demanded of one of them due to acts that are the responsibility of the other party.

The Agency/Company states that it and its Office fulfill all the legal requirements to operate and therefore bears exclusive responsibility for holding all the relevant permits and authorisations for the term of the contract. Any complaint, disciplinary proceedings or sanction imposed on the Website due to non-compliance with the legal requirements for the operation of the Agency or its Office, will automatically impact on the latter.


 

THIRTEEN. - DURATION AND TERMINATION

 

In accordance with these general terms, the relationship between the Website and the Agency/Company has an indefinite duration, although the Website may cancel the Agency/Company’s access to this Website, with the termination of the relationship between the two parties, in the event of repeated delay in payment, the total or partial failure to pay for outstanding output or the non-compliance by the Agency/Company or its customers with the obligations stipulated in these general terms, with the Website reserving the right to ascertain the responsibilities which correspond by Law.

Without prejudice to the foregoing, the Website reserves the right of early termination of the agreement governed by these general terms, with no particular declaration of cause and with no right to any compensation or indemnification in favour of the Agency/Company, with one month’s prior notice.


 

FOURTEEN.- CESSION

 

The Agency/Company cannot transfer any of the rights and obligations of this agreement to third parties without the prior written consent of the Website. Any transfer that breaches this point will be considered to be without effect and the parties will continue to be responsible for all commitments assumed herein.


 

FIFTEEN.- APPLICABLE LEGISLATION AND JURISDICTION

 

This agreement is commercial in nature, shall be governed by Spanish law and for any dispute that may arise between the parties regarding its validity, execution, compliance or complete or partial termination, the parties, expressly renouncing their own jurisdiction, if any, expressly submit to the jurisdiction and competence of the Courts and Tribunals of Palma de Mallorca.


 

SIXTEEN.- INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS

 

The parties recognise and accept that the intellectual and industrial property rights (including but not limited to authorship rights, patents, brand names of products or services and trade secrets) corresponding to the elements or materials shown on the websites of both parties and any other information (including but not limited to their general terms and conditions, regulations, guidelines and procedures) that Portal Interactiv and the Agency/Company receive or to which they have access, are the exclusive property of the Agency/Company. The parties recognise and accept that the intellectual and industrial property rights (including but not limited to copyrights, patents, brand names of products or services and trade secrets) corresponding to the elements or materials shown on the websites of both parties and any other information (including, but not limited to, their general terms and conditions, regulations, guidelines and procedures) that Portal Interactiv and the Agency/Company receive or to which they have access, are the exclusive property of the Agency/Company and Portal Interactiv or their suppliers, respectively.

All brand names, copyrights, rights on databases and other intellectual and industrial property rights on the material on the websites of both parties (including the appearance and design of the website), as well as all source code, are the property of that party or their suppliers. None of the parties, nor the users of the websites, may copy, modify, alter, publish, publicly communicate, distribute, sell or transmit the material of the website of the other party or their source, in full or in part, without the written authorisation of the owner of such website.

Both parties recognise and accept, with the exception of what is regulated herein, that neither of the parties shall acquire any rights over or interest in the information or data belonging to the other party to which they have access, and that the latter will continue to be the sole owner of their information or data, including but not limited to all patents, copyrights, brands, company secrets, trade names, contracts, industrial designs and other property rights that it owns anywhere in the world.

The Agency/Company undertakes not to register in its name, nor in the name of third parties, internet domain names that contain, alone or in combination with other words, the word Iberostar, Olé or the name of Iberostar and/or Olé hotels, nor directly or indirectly market the accommodation that Portal Interactiv places at its disposal by virtue of this contract, on websites that are accessed via domain names with the aforementioned characteristics.

If the Agency/Company accesses the image bank and the content of Portal Interactiv (with the data regarding the identification of hotels and descriptions), it is only authorised to use the texts, photographs, maps, graphic material, logos, brand names and content available for marketing the accommodation services and other services in Iberostar and/or Olé hotels, and only in accordance with what is stipulated herein.

The Agency/Company undertakes not to alter, modify or change the colours, shapes, textures, texts and proportions of logos, brand names, photos and other elements or materials to which it has access from the Portal Interactiv image and content bank, except to appropriately change the size to its hotel marketing website.

The Agency/Company shall not market the products of Portal Interactiv on websites whose appearance, format, design, text or impression leads users to believe that they are official websites of Iberostar and/or Olé. More specifically, the Iberostar and Olé brand names and logos can only be used by the Agency/Company in association with duly established complexes or hotels, and not in general to identify the website of the Agency/Company.

The Iberostar and/or Olé names and brand names will not be used in unsolicited commercial emails or in emails sent without the prior consent of the recipient.

If the Agency/Company, or any other provider to which it directly or indirectly provides the Portal Interactiv product, breaches any of the obligations in this sense, Portal Interactiv may unilaterally terminate this agreement, without owing any compensation whatsoever to the Agency/Company and without prejudice to the compensation which the latter may have to pay to Portal Interactiv for damages, including the costs borne by Iberostar - Portal Interactiv in the recovery of the domain names registered by the Agency/Company or its providers, such as solicitors’ fees, arbitration costs, etc.

All brand names, copyrights, rights to databases and other intellectual and industrial property rights over the material on the websites of both parties (including the appearance and design of the website), as well as all source code, are the property of that party or their suppliers. None of the parties, nor the users of the websites, may copy, modify, alter, publish, publicly communicate, distribute, sell or transfer the material of the website of the other party or its source, in full or in part, without the written authorisation of the owner of such website.

Both parties recognise and accept, with the exception of the regulations herein, that neither of the parties shall acquire any rights over or interest in the information or data belonging to the other party to which they have access, and that the latter will continue to be the sole owner of its information or data, including but not limited to all patents, copyrights, brands, company secrets, trade names, contracts, industrial designs and other property rights that it owns anywhere in the world.

If the Agency/Company accesses the image bank and the content of Portal Interactiv (with the data regarding the identification of hotels and descriptions), it is only authorised to use the texts, photographs, maps, graphic material, logos, brand names and content available for marketing the accommodation services and other services in Iberostar and/or Olé hotels, and only in accordance with what is stipulated herein.

The Agency/Company undertakes not to alter, modify or change the colours, shapes, textures, texts and proportions of logos, brand names, photos and other elements or materials to which it has access from the Portal Interactiv image and content bank, except to adapt their size to its hotel marketing website.

The Agency/Company shall not market the products of Portal Interactiv on websites whose appearance, format, design, text or impression leads users to believe that they are official websites of Iberostar and/or Olé. More specifically, the Iberostar and Olé brand names and logos can only be used by the Agency/Company in association with duly established complexes or hotels, and not in general to identify the website of the Agency/Company. 

The Agency/Company undertakes to impose the aforementioned obligations on all suppliers to which it directly or indirectly offers the Portal Interactiv product, and it undertakes to obtain from them a written commitment regarding this, which they shall also extend to all those who successively distribute the Portal Interactiv product.

If the Agency/Company or any other provider to which it directly or indirectly provides the Portal Interactiv product breaches any of the obligations in this sense, Portal Interactiv may unilaterally terminate this agreement, without owing any compensation whatsoever to the Agency/Company and without prejudice to the compensation which the latter may have to pay to Portal Interactiv for damages, including the costs borne by Iberostar - Portal Interactiv in the recovery of the domain names registered by the Agency/Company or its providers, such as solicitors’ fees, arbitration costs, etc.

Portal Interactiv declares and guarantees that it has the necessary rights, powers and authorisations to use, (sub)licence and provide the Agency/Company with the intellectual property rights for the content of the product.


 

IBEROSTARPRO LEGAL NOTICE

 

I. INFORMATION ABOUT LSSI [Law on Information Society Services and Electronic Commerce]

The website www.iberostarpro.com is the property of IBEROSTAR HOTELES Y APARTAMENTOS S.L., commercial entity constituted pursuant to Spanish law, with business address at C/ General Riera, 154, 07010 de Palma de Mallorca, and tax ID No. B-28.049.344, registered in the Registro Mercantil de Mallorca [Majorca Commercial Registry] in volume 1687, folio 59, page number PM-5191, record 1ª.

The booking platform available via iberostarpro.com is operated by the following bodies based on the geographical area covered by the booking, as follows:

 

  • Hotels located in Europe and Africa: PORTAL INTERACTIV, S.L. Unipersonal, with business address at C/ General Riera, 154, 07010 Palma de Mallorca, and tax ID No. B38803953, registered in the Registro Mercantil de Mallorca, in volume 2699, folio 120, page PM-80935, Travel Agency of the Wholesale-Retail Group which holds the Title-Licence with ID Code AVBAL/718, granted by the Conselleria de Turismo del Govern Balear in accordance with what is established in the Regulations of the Travel Agency of said Autonomous Community and other applicable regulations.

  • Hotels located in America and the Caribbean, except Cuba: VISIT US, Inc., with address at Le Jeune Road Suit 704. Coral Gables, FL 33134, USA (hereinafter, VISIT US) whose representative in Spain is LAISLA OVERSEAS, S.L.U, with address at calle General Riera, 154 de Palma de Mallorca, Spain.

  • Hotels located in Cuba: LAISLA OVERSEAS, S.L.U., with address at C/ General Riera 154, 07010 Palma de Mallorca, Balearic Islands, Spain and Tax ID No. B57997058, registered in the Registro Mercantil de Mallorca, in volume 2683, folio 138, page PM-80185, Travel Agency of the Wholesale-Retail Group which holds the Title-Licence with ID Code AVBAL/735, granted by the Dirección General de Turismo, Consellería de de Innovació, Recerca i Turisme del Govern de les Illes Balear in accordance with what is established in the Regulations of the Travel Agency of said Autonomous Community and other applicable regulations (hereinafter LAISLA OVERSEAS).

 

Hereinafter, the cited companies also “the Website holders”.

In addition to the aforementioned business addresses, users can also send their requests, questions or complaints to callcenter@iberostar.com.


 

II. TERMS AND CONDITIONS OF USE

These general terms of use regulate the access and use of the various contents and services included or accessible through the website www.iberostarpro.com (hereinafter, the Website).

Through the Website, the user is provided with information regarding stays at hotels belonging to Iberostar Group, including information regarding the availability of rooms, rates, searching for hotels by geographical location and location of hotels based on rate.

These general terms and conditions must be understood without prejudice to the particular booking conditions shown on the Website.

You acquire the status of a Website user simply by using the Website. The use of the Website and any of its services means that, as a user, you unreservedly accept each and every one of the present general terms and conditions as well as the particular conditions that, if applicable, regulate the use of the Website or related services connected to it.

The owners of the Website may, at any time and without prior notice, modify the presentation and configuration of the Website, as well as the present general terms and conditions, and introduce new conditions of use. These modifications will be published on the Website so that the user is aware of them before proceeding to use it. Using the Website once the general terms and conditions have been modified means that the user accepts these modified general terms.

 

User obligations

By using the Website, the user declares that they are over eighteen years of age. To use the Website, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all actions carried out by the minors in their charge.

In general, the user is obliged to use the Website as well as the services linked to it in a diligent manner that complies with the law, ethics and public order, these general terms and conditions and particular terms that may apply. The user must refrain from using the Website and the services linked to it in any way that may impede their normal functioning and enjoyment by users or that could injure or cause damage to the property and rights of the owners of the Website, its suppliers, users or, in general, any third party.

In particular, but without this list limiting the general scope of the obligation established in the preceding paragraphs, the user is obliged, when using the Website and the services linked to it, to:

  1. Not introduce, store or spread, through the Website or through any of the services linked to it, any computer program, data, virus, code, or any other electronic instrument or device that could cause damage to the Website, on any of the services linked to it or on any equipment, systems or networks belonging to the owners of the Website, of any user, of its suppliers or in general of any third party, or that otherwise is capable of causing any kind of alteration or impediment to the normal operation of it.

  2. Not use false identities, nor impersonate the identity of others when using the Website or any of the services linked to it, including the use, where appropriate, of passwords or access codes of third parties or in any other way.

  3. Not to hide or falsify in any way the source of email messages, nor intercept, delete or modify other users' email messages, or send mass email messages.

  4. Not to destroy, alter, disable or damage the data, information, programs or electronic documents belonging to the owners of the Website, its suppliers or third parties.

  5. Not to use the contents and, in particular, the information obtained through the Website to send out publicity, to send messages for marketing purposes or any other type of commercial purpose, nor to collect or store personal data from third parties.

  6. Not to introduce or spread any information that is defamatory, derogatory, obscene, threatening, xenophobic, that incites violence, that incites discrimination due to sex, race, ideology or religion or that in any way violates the morals, public order, fundamental rights, public liberties, honour, privacy or image of third parties and, in general, current regulations.

 

In the event that any user considers that there are any actions or circumstances that reveal the illicit nature of the use of any content and/or the performance of any activity on the Website or accessible through it, they must notify the owners of the Website by sending an email to iberostarpro.es@iberostar.com.

On the Website, users can find a guide of the options thereof.

 

Intellectual and industrial property

The user recognises that all of the elements of the Website and of each of the services provided through it, the information and materials contained in it, the structure, selection, ordering and presentation of its contents and the computer programs used in connection with it, are protected by intellectual and industrial property rights of the owners of the Website or third parties, as appropriate.

Unless authorised by the owners of the Website or, where appropriate, by third-party owners of the relevant rights, or unless this is legally permitted, the user may not reproduce, transform, modify, disassemble, perform reverse engineering, distribute, hire, lend, make available or allow access to the public through any form of public communication of any of the elements referred to in the preceding paragraph. In no event shall it be understood that any licence is granted or a waiver, transmission, total or partial transfer of such rights is made, nor is any right or expectation of law, and in particular, any alteration, exploitation, reproduction, distribution or public communication of such content without the prior, express authorisation of the Portal or the corresponding owners.

The user shall use the materials, elements and information which they access through using the Website and each of the corresponding services solely for their own needs, being obliged to not make, either directly or indirectly, a commercial profit either of the services or the materials, elements and information obtained through them.

The user must refrain from deleting the identifying intellectual or industrial property rights symbols or any other that belongs to the owners of the Website or third parties appearing on the Website and on each of the various services offered through it. Likewise, the user must refrain from eluding or manipulating any technical devices established by the owners of the Website or by third parties, whether on the Website, on any of the services or on any of the materials, elements or information obtained through it, for the protection of their rights.

 

Passwords

The Website will allow users registered on the Website to use personal passwords. These passwords will be used for access to the services provided through the Website. Registered users must confidentially store the passwords to access restricted content, assuming the consequences of any damages or consequences of any kind that arise from disclosing this password. For reasons of security, the user can change the password for online access to services linked to the Website at any time.

 

Accuracy of data

The user declares that the information provided is correct and truthful and undertakes to notify the Website of any changes to said information. To ensure the quality of the data processed, the Website provides the Manager of the Retail Agency or Company with a section to permanently update the personal data provided (“Change details” section). The Agency shall be responsible for the accuracy of the data provided, and the Website reserves the right to exclude any user who has provided false data from the services registered, notwithstanding any other actions applicable under the Law.

 

Exclusion of guarantees

The owners of the Website are committed to carrying out all of the necessary efforts to guarantee the availability and continuity of the Website as well as the services linked to it. However, the owners of the Website cannot guarantee that the Website and the services linked to it will work correctly at all times and that the user is able to access them and use them quickly, without interruption and without errors. In the same way, the owners of the Website do not give any guarantees regarding the suitability and content of the Website or any of the services linked to it for the satisfaction of the specific needs of the user.

The owners of the Website will act diligently according to the general uses accepted in the sector to avoid the presence on the Website or in any of the services related to it of a virus or other damaging elements that could cause alterations to the user’s computer system, their electronic documents or their files, but cannot guarantee the absence of such elements, accepting no responsibility for the damages that this could cause.

The owners of the Website do not control, nor make their own, nor guarantee the accuracy, quality, veracity, reliability or suitability of the information and services provided or given by third parties through the Website. Similarly, they do not control and do not guarantee the absence of viruses or other harmful elements in the content or services provided or given by third parties through the Website.

The owners of the Website do not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available on websites owned by or managed by third parties which the user can access through technical linking devices ("links") from the Website. The owners of the Website do not control the content of the aforementioned websites, nor do they offer nor sell the products and services available on the linked websites, nor do they assume any responsibility for them.

Use of the Website is carried out at the user's own risk, therefore the owners of the Website are not responsible for possible damages arising from interference, interruption, computer viruses, telephone breakdowns or telephone disconnections not caused by the Website; delays or blockages in the use of this electronic system caused by deficiencies or overloads in its data processing centre, telephone lines, in the Internet system or other electrical systems; nor any other alteration that may occur in users’ Software or Hardware.

Similarly, the owners of the Website will not be liable for damages caused by third parties through illegitimate interference beyond their control. Nor will they be liable for any damages or harm caused by the use or misuse of the content of the Website or for the consequences that may arise from errors, defects or omissions in the content provided by third parties that may appear on it, the chosen Hotel being the third party for such purposes.

 

Ruling

Without prejudice to liability for damages and harm that may arise, the owners of the Website may, immediately and without prior notice, resolve and terminate their relationship with the user, interrupting access to the Website or its corresponding services, if it detects a use of it or any of the services linked to it that is contrary to the general or particular conditions that are applicable.

The user will be liable for damages or harm of any nature that the owners of the Website or any of its subsidiaries may suffer directly or indirectly, as a consequence of failing to comply with any of the obligations stemming from the general or individual conditions in connection with the use of the Website or any of the services linked to it. Similarly, the user will hold harmless the owners of the Website from any sanctions, claims or lawsuits that may be filed by a third party, including any public bodies, against the owners of the Website, its employees or agents as a result of the violation of any rights of third parties by said user through the use of the Website or services linked to it in a manner contrary to that stated within the general or particular conditions that are applicable.

 

Applicable law and jurisdiction

These general terms and conditions are governed by Spanish legislation. The owners of the Website and the user, expressly waiving any other jurisdiction, are subject to the Courts and Tribunals of the user's registered address for any controversy that may arise from the use of the Website or the services linked to it.

In the event that the user is domiciled outside Spain, the owners of the Website and the user submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Palma de Mallorca (Spain).



 

IBEROSTARPRO PRIVACY POLICY

 

Last update: April 2019

 

This privacy policy applies to the www.iberostarpro.com B2B online sales platform (hereinafter the Website). Please read this policy carefully. In it you will find important information regarding the processing of your personal data, the rights afforded to you by the applicable regulations, and your obligations. We reserve the right to update our privacy policy at any time for business reasons, as well as to comply with any legislative or case law changes. If you have any doubts or need further clarification with regards to this privacy policy or your rights, please contact us through the channels indicated below.

You declare that the information you provide, now and in the future, is correct and truthful and undertake to inform us of any changes to said information. When providing the personal data of a third party, you agree to obtain prior consent from the party in question and to inform them of the content of this policy.

Generally speaking, the fields on our forms that are marked as mandatory must be completed in order for us to process your requests.

 

1. Who is responsible for processing your personal data?

The data controller of the data collected via the Website and controller for the sending of professional information regarding news, products and tourist services of Iberostar Group is IBEROSTAR HOTELES Y APARTAMENTOS, S.L., with registered address at C/ General Riera 154, 07010, Palma de Mallorca, Balearic Islands, (hereinafter IBEROSTAR).

Furthermore, the data provided in the booking processes will be processed by the marketing company corresponding to the geographical area affected by your booking, under its own status as data controller, as follows:

 

  • Hotels located in Europe and Africa: PORTAL INTERACTIV, S.L., with address at C/ General Riera 154, 07010 Palma de Mallorca, Balearic Islands, Spain (hereinafter PORTAL INTERACTIV).

  • Hotels located in America and the Caribbean, except Cuba: VISIT US, Inc., with address at Le Jeune Road Suit 704. Coral Gables, FL 33134, USA (hereinafter, VISIT US) whose representative in Spain is LAISLA OVERSEAS, S.L.U, with address at calle General Riera, 154,  Palma de Mallorca, Spain.

  • Hotels located in Cuba: LAISLA OVERSEAS, S.L.U., with address at C/ General Riera 154, 07010 Palma de Mallorca, Balearic Islands, Spain (hereinafter LAISLA OVERSEAS).

 

You can contact the Data Protection Officer of Iberostar Group at privacy.dpd@grupoiberostar.com.

 

2. What personal information do we collect?

The data we process is the data we collect:

 

  • User account registration requests;

  • Forms you have completed and requests you have submitted;

  • Information generated through a contractual relationship.

 

The type of data we process usually consists of:

 

  • Identifying data and professional contact details;

  • Personal data, such as language spoken;     

  • Data on goods and services transactions.

 

User data will have been provided either directly by the user themselves or by the main user from an agency at the time of requesting the creation of the corresponding accounts.

 

3. Why do we process your data?

Iberostar Group will process your data for the following purposes:

 

Website users' data will be processed by IBEROSTAR in order to manage its relationship with users, deal with their requests and queries, process bookings, administer and manage the security of the Website and fulfill its legal obligations, statistical purposes and quality assessment.

The professional contact details of Website users will be processed by IBEROSTAR in order to send them professional information regarding Iberostar Group tourist products, services and news.

Data provided during the booking process will be processed by PORTAL INTERACTIV, VISIT US or LAISLA OVERSEAS, as applicable, in order to facilitate the processing and commercial follow-up of users’ requests, provision of the requested services and the fulfillment of companies’ legal obligations. This data will also be processed for statistical and quality improvement purposes. When following up your requests, our agents will be able to contact you by email or by telephone, e.g. to resolve any potential problems in the booking process. For the purposes of the European data protection regulations, the guarantees offered by Visit US with regard to providing an adequate level of personal data protection are specified in the formalisation of the standard data protection clauses adopted by the European Commission in its Decision 2004/915/EC of 27 December 2004. You can request a copy of these guarantees from the Iberostar Group Data Protection Officer.

 

4. Who can we share your data with?

Users’ data will only be communicated to third parties under legal obligation, with their consent or when required for the management and control of the contractual relationship, for example to the agency.

 

5. Legal grounds for processing

The grounds for processing your data include the administration of the legal relationship established with you, the provision of requested and contracted services, and the fulfilment of legal obligations, especially applicable legislation relating to accounting, tax and tourism.

The management of Website security is based on the premise of legitimate interest. The statistical analysis and quality control are based on legitimate interest for the purpose of internal administration, as well as the evaluation of our services.

Sending professional information on Iberostar Group tourist products, services and news is based on the legitimate interest of IBEROSTAR to keep the travel agencies it collaborates with on its products and services up to date.

 

6. For how long will we store your data?

We generally store personal data for the duration of your relationship with us and always in accordance with the terms set forth in applicable legal regulations, such as for accounting and tax purposes, and for the duration necessary to handle any possible liabilities that arise as a result of data processing. We will delete your data once they are no longer relevant to, or necessary for, the purposes for which they were collected.

Browsing information will be deleted once connection to the website has been finalised and the corresponding statistical analysis completed.

 

7. What are your rights?

You have the right to receive confirmation of whether or not we are processing your personal data, and, in such case, to access the data.  Likewise, you can request for any incorrect data to be rectified or for incomplete data to be completed, as well as requesting removal of your data when, among other reasons, the data is no longer necessary for the purposes for which it was collected.

In certain circumstances, you can request for the processing of your data to be limited. In such case, we will only process the affected data for the filing, processing or response to complaints, or with a view to protect the rights of other parties. In certain situations and for reasons related to your specific circumstances, you may object to the processing of your data. In this case, we will stop processing the data unless legitimate compelling grounds are given that prevail over your interests, rights and liberties, or in order to file, process or respond to complaints. Additionally, under certain circumstances, you may ask for your data to be transferred to another data controller.

You can revoke the consent you have granted for certain purposes without this affecting the lawfulness of the processing undertaken before consent was withdrawn, and file a claim before the Agencia Española de Protección de Datos (Spanish Data Protection Agency).

To unsubscribe from the distribution list for professional information on Iberostar Group tourist products, services and news, you can email: lopd@iberostar.com

In order to exercise your rights, you must send the person responsible for processing data a request together with a copy of your national identification document or another valid form of identification by post or by email to the addresses given in the “Who is responsible for processing your data?” section.    

For further information about your rights and how to exercise them visit the Agencia Española de Protección de Datos website at http://www.aepd.es.

 

8. What are your obligations?

Use of the Website implies the user’s unconditional acceptance of the general terms of use and the privacy policy thereof. It also implies a commitment to fully comply with the obligations imposed by the General Data Protection Regulation (REGULATION (EU) 2016/679) and/or legislation on the protection of personal data that applies to the agency (hereinafter and jointly the Data Protection Regulations).

With regard to the processing of data belonging to customers on whose behalf enquiries and bookings are made, users commit to fulfilling their duty of information established in the Data Protection Regulations, to requesting the necessary consent for the processing of data for advertising purposes, to effectively upholding the rights of the interested party and to maintaining strict confidentiality with regard to the personal data that is to be processed.

The personal information available through the Website can only be accessed or used for purposes of managing bookings and providing the contracted services.