On the https://vivood.com website we use cookies to facilitate the relationship of visitors to our content and to enable us to compile statistics on the visitors we receive.

In compliance with Directive 2009/136/EC, implemented in our legislation by the second paragraph of Article 22 of the Law on Information Society Services, following the guidelines of the Spanish Data Protection Agency, we proceed to inform you in detail of the use made of our website.

Cookies are small files that are recorded in the browser used by each visitor to our website so that the server can remember the visit of that user later when they return to access our content.  This information does not reveal your identity, or any personal data, or access the content stored on your computer, but it does allow our system to identify you as a specific user who has visited the website before, viewed certain pages, etc. and also allows you to save your personal preferences and technical information such as visits made or specific pages you visit.

The purpose of cookies is to provide the User with faster access to the selected Services.

If you do not want cookies to be stored on your browser or if you prefer to receive information each time a cookie is set, you can set your browser options to do so. Most browsers allow the management of cookies in 3 different ways:

• Cookies are always rejected;
• The browser asks if the user wants to set each cookie;
• Cookies are always accepted;

Your browser may also include the ability to select in detail the cookies you wish to be installed on your computer. In particular, the user can normally accept one of the following options:

• reject cookies from certain domains;
• reject cookies from third parties;
• accept non-persistent cookies (they are deleted when the browser is closed);
• allow the server to create cookies for a different domain.

To allow, know, block or delete cookies installed on your computer, you can do so by configuring the options of the browser installed on your computer.

You can find information on how to configure the most commonly used browsers in the following locations:

• Internet Explorer: Tools -> Internet Options -> Privacy -> Settings.  For more information, you can refer to Microsoft support or browser Help.
• Firefox: Tools-> Options -> Privacy -> History -> Custom Settings. For more information, you can refer to Mozilla support or browser Help.
• Chrome: Settings -> Show advanced options -> Privacy -> Content settings. For more information, you can refer to Google support or browser Help.
• Safari: Preferences -> Security. For more information, you can refer to Apple support or browser Help.

With respect to third party cookies, i.e. those that are not part of our website, we cannot be held responsible for the content and accuracy of the privacy policies that they include and the information that we offer you is always with reference to the source.

Below we inform you in detail about the cookies that may be installed from our website.  Depending on your browsing habits, all or only some of them may be installed.

This Cookies Policy may be modified in accordance with legal and regulatory requirements, or with the aim of adapting this policy to the instructions issued by the Spanish Data Protection Agency, for which reason Users are advised to visit it periodically.

When there are significant changes to this Cookies Policy, they will be communicated to Users either via the website or via email to registered Users.

1. 1. Introduction

   1.1 The purpose of this document is to inform you about the terms of service that regulate 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 Spanish Company with headquarters in Calle Cronista Carreres, 11 Bajo Izquierda – 46003 – VALENCIA (Valencia) and with Tax Identification Number B86702768. The Trade Register information for VIVOOD is the following [volume 9688, folio 128, page V-155941 entry 1ª].

   1.3 The email [email protected] is available so you can contact us whenever you want.

    

   1. Object

   2.1 VIVOOD provides a WEBSITE to facilitate access to information regarding accommodation services that are detailed in their contents and so that, where appropriate, you can contact us or reserve our services online.

   2.2 These terms of service regulate the use of the WEBSITE in conjunction with the Privacy Policy and the Cookies Policy. Therefore, they have been made available so that you can access them, consult them, download them or print them. The information regarding the processing we perform with your personal data is in the “Privacy Policy” section.

   2.3 Please read these Terms and Conditions carefully, as they affect your legal rights and obligations.

    

   1. Acceptance of the terms of use and contract.

   3.1 Navigation on the WEBSITE attributes the condition of user thereof (hereinafter, the “USER”) and entails the full and unreserved acceptance of each and every one of the conditions included in this legal notice in the version published by VIVOOD at the moment in which you access the WEBSITE. Consequently, please read these Terms of use carefully whenever you intend to use the WEBSITE, as they may undergo modifications.

   3.2 The use of certain services offered on the WEBSITE may be subject to specific conditions that, depending on the case, substitute, complete and/or modify this document. Therefore, prior to the use of these services, you must carefully read the corresponding Special Conditions.

   3.3 VIVOOD reserves the right to modify the terms of use and the privacy policy of the WEBSITE, with the users being obliged to periodically review them.

    

   1. TERMS OF CONTRACT

   4.1 Object

   The purpose of this section is to regulate the terms of contract governing the accommodation service reservations made through the WEBSITE, without prejudice to those terms established in the booking engine through which they are managed and that in any case will be made available to you prior to contracting our services. The terms of contract contained in the booking engine will be complementary to those herein.

   4.2 Minors

   4.2.1 The contracting of products, activation of promotions or use of VIVOOD applications by people younger than 18 is forbidden, except with the appropriate consent of the parents and/or guardians.

   4.2.2 If at any time VIVOOD has proof of having received data from a minor that does not comply with the requirements of current regulations, it will proceed to cancel and eliminate said data. VIVOOD may contact you at any time requiring you to prove your age by providing a photocopy of ID or equivalent.

   4.3 Price

   4.3.1 The price stated for each reservation corresponds to its price at the time the contract is entered into. The prices are expressed in euros and include all applicable taxes.

   4.3.2 It is possible that VIVOOD may occasionally and involuntarily commit some technical or human error and assign the wrong price to a reservation. If this error is obvious and unambiguous and could have been reasonably acknowledged by the user and the reservation was still made, VIVOOD will not be bound by that price. In this case, we will inform you as soon as possible so that you can choose either to reconfirm your reservation at the correct price or to cancel it. If it is not possible to contact you, the reservation shall be deemed cancelled and we will reimburse you as soon as possible.

   4.4 Payment methods

   4.4.1 Payment for the contracted service will be made upon arrival at the hotel, so you will not have to pay any amount before you arrive. However, you will be asked for your credit card information as a guarantee of the reservation, which may be cancelled in the event that valid credit card information is not available.

   4.4.2 The hotel reserves the right to pre-authorize it before your arrival.

   4.4.3 The reservation of the accommodation service will not be understood to have been made until the moment in which you receive the confirmation email from VIVOOD at the email address you have indicated for this purpose.

   4.5 Right of withdrawal and cancellations

   In any case, the right of withdrawal of users is excluded, in accordance with the provisions of the Law for the Defence of Consumers and Users for the provision of accommodation services for a specific date or period of execution for purposes other than to serve as a dwelling.

   Notwithstanding the foregoing, users may be granted the right to cancel a reservation, in which case it shall be clearly indicated at a time prior to the execution of the contract and as it is referred to at all times in the cancellation policy.

    

   1. Conditions of use

   5.1 Access to the website

   5.1.1 Access to the WEBSITE is free, except for the cost of the connection through the telecommunications network provided by the access provider you have contracted.

   5.1.2 Access to the WEBSITE will not require the registration of users, unless otherwise specified.

   5.1.3 Similarly, VIVOOD does not guarantee the absence of interruptions or errors in accessing the website or its content, or that it is permanently updated, without inaccuracies or imprecisions. In any case, we commit, as soon as possible, to make all possible efforts to avoid, resolve or update said contents.

   5.2 Terms of use

   5.2.1 You agree to use the Website and all its content and services in accordance with the provisions of law, morality, public order and these Terms and Conditions. Furthermore, you are obliged to use the services and/or contents of the Website correctly and not to use them to carry out illicit or criminal activities that violate the rights of third parties and/or that infringe the regulation on intellectual and industrial property, or any other rules or the applicable legislation.

   5.2.2 The User undertakes not to transmit, introduce, disseminate and make available to third parties, any type of material and information (products, objects, data, content, messages, drawings, sound and image files, photographs, software, etc.) that are against the law, morality, public order and these Terms of use and contract. By way of example and in no case limiting or excluding, you agree:

   I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic or pornographic nature, that advocates terrorism or that violates human rights.

   II.- Not to introduce or disseminate on the network data programmes (viruses and harmful software) able to provoke damages in the computer systems of the access provider, their providers or third-party Users of the Internet network.

   III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that undermines fundamental rights and public freedoms recognized in the Constitution and international treaties.

   IV.- Not to disseminate, transmit or make available to third parties any information, item or contents that constitutes illegal or unfair advertising.

   V.- Not to transmit or disseminate any false information and misleading, ambiguous or inaccurate content in a way that induces to error or may mislead the recipients of the information.

   VI.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the WEBSITE or to third parties.

   5.2.3 The User is obliged to hold VIVOOD harmless for any possible claim, fine, penalty or sanction that may arise as a result of you breaching any of the aforementioned terms of use, in addition, with VIVOOD reserving the right to request compensation for damages that may apply.

   5.2.4 VIVOOD handles your data, opinions and other contents that are shown on the WEBSITE with the utmost diligence. Despite this, if you consider that there is a mistake or error please communicate it by email to [email protected] and VIVOOD will respond as soon as possible.

   5.3 Content and services linked through the Service

   5.3.1 The Service may include technical link devices and directories that allow the User to access other pages and Internet portals (hereinafter, “Linked Sites”). In these cases, VIVOOD will only be responsible for the contents and services provided in the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with the due diligence. In the event that you consider that there is a Linked Site with illicit or inappropriate content, you may communicate it to VIVOOD, without this communication entailing the obligation to remove the corresponding link in any case.

   5.3.2 The existence of Linked Sites should presuppose the formalization of agreements with those responsible or owners thereof, nor the recommendation, promotion or identification of VIVOOD with the manifestations, contents or services provided.

   5.3.3 VIVOOD does not know the contents and services of the Linked Sites and therefore is not liable for damages caused by the wrongfulness, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of Linked Sites nor for any other damage that is not directly attributable to VIVOOD.

   5.4 Intellectual and industrial property

   5.4.1 The entire contents of the Website, understood by them, as merely expository texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound content, as well as their graphic design and source codes, are the exclusive property of VIVOOD or are duly licensed in their favour, without it being understood that the users are granted any of the exploitation rights recognized by the regulations in force in the matter of intellectual property over them.

   5.4.2 Furthermore, trademarks, trade names or distinctive signs are the property of VIVOOD or third parties, without it being understood that access to the Website attributes any right over them.

   5.4.3 Users are authorized to view, reproduce, print and download the contents of the website provided that the following conditions are met:

   • That it is compatible with the purposes of the website and that it does not harm the image and good name of VIVOOD, its customers, suppliers or users, or their products or services.
   • That the copies are made for personal and private use. In general, any exploitation or commercial and promotional use is expressly prohibited.
   • VIVOOD’s intellectual or industrial property rights are respected, as well as third party holders of the contents.
   • Failure to comply with the above conditions will constitute an illegal activity, which may give rise to the corresponding civil or criminal penalties in accordance with the applicable legislation.

   5.4.4 The opinions, comments and evaluations by third parties included in the different sections of the website, including the forums or mailing lists, belong to the author or signatory thereof, and do not necessarily reflect the views of VIVOOD or collaborators.

   5.4.5 By accepting these General Conditions, you assign VIVOOD, free of charge and exclusively, all exploitation rights over the comments and opinions (hereinafter, “the Content”) that you publish or whose publication is authorized on the Website. Said assignment shall be deemed to be made for the global territorial scope, without any limitation, and for the maximum period of duration provided for in Royal Legislative Decree 1/1996, of April 12, which approves the Consolidated Text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the Applicable Statutory Provisions. VIVOOD may exploit the rights of reproduction, transformation, distribution and public communication of the Contents, in the broadest sense recognized by said Law.

   5.4.6 You state that you hold all the intellectual property rights over the aforementioned comments and opinions, as well as any content that you post on the Website, and you are obliged to assume responsibility for any claim or liability, including compensation for damages, that any third party may exercise against VIVOOD due to considering their rights to have been infringed upon by any of the actions derived from the obligations that you contract directly or indirectly with these General Conditions.

   5.4.7 Furthermore, you agree to hold VIVOOD harmless against any damage that it or a third party may suffer as a result of the formalization of the assignment of rights regulated in this clause.

   5.5 Liability Exclusion

   5.5.1 Access of the users to the WEBSITE does not imply VIVOOD’s obligation to control the absence of viruses, worms or any other harmful computer element. You are responsible, in any case, for the availability of adequate tools for the detection and disinfection of harmful computer programs.

   5.5.2 VIVOOD will not be responsible for the damages produced in the software and computer equipment of users or third parties during the use of the services offered on the WEBSITE.

   5.5.3 VIVOOD does not assume liability for damages of any kind incurred by the User resulting from failure or outage of telecommunications networks which may result in the suspension, cancellation or interruption of the WEBSITE service during or prior to the provision thereof.

    

   1. Nullity and ineffectiveness of clauses

   If any clause included in these Terms of Use is declared totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, subsisting these Terms in everything else, considering such provision totally or partially not included.

    

   1. Applicable legislation and competent jurisdiction

   These Terms will be governed and interpreted in accordance with Spanish legislation. VIVOOD and you agree to submit any dispute that may arise from the provision of the products or services subject to these Terms of use and contract, to the Courts and Tribunals determined by applicable Law.

   We inform you that you have the right to request an extra-judicial settlement of consumer disputes accessible through the Internet at http://ec.europa.eu/consumers/odr/.

    

   1. 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 (43 days for the 2018 financial year).