1.- General information on the website owner

This website belongs to BEDSONLINE, S.L.U. (hereinafter referred to as BEDSONLINE), a business founded pursuant to Spanish legislation, with registered address at Complejo Mirall Balear, Camí de Son Fangos, 100, Torre A, 5ª Planta, 3A-4A, 07007 Palma de Mallorca, Spain, and with tax code B-28931681 and registered with the Companies Registry of Majorca on page PM-37642, volume 1825, folio 157.

BEDSONLINE is recognised as a travel agency and holds the appropriate qualification/licence, with number BAL 449 M/D issued by the Balearic Islands Government Ministry of Tourism (Spain).

BEDSONLINE forms part of Hotelbeds Group.

2.- Products and services

The products of BEDSONLINE, referred to collectively as “Tourist Services” and which are sold via the www.Bedsonline.com website, consist of accommodation, transfers, excursions, tickets, vehicle hire and other receptive tourism services, and will be marketed exclusively in retail agencies (hereinafter referred to as AGENCY).

In any event, these services will be subject to the general agreement conditions displayed and

accepted on the website and in accordance with the prices, rates and cancellation conditions shown at the time of making the booking. The website will inform users of the process followed to make the booking.

3.- Website modifications and updates

BEDSONLINE, the legal owner of the website, reserves the right to modify unilaterally, at any time and without prior notice, the information contained in this document, as well as the general terms and conditions published on the www.Bedsonline.com website. In these cases the information will be published and communication given as soon as possible. Similarly, the right is reserved to modify the website’s appearance and configuration unilaterally, at any time and without prior notice. Access to the system used for this program may be suspended at any time due to maintenance work, for network security reasons or due to force majeure.

BEDSONLINE does not guarantee that the contents of its website will be fully up to date, accurate and/or available at all times, although every effort will be made for this to be so. Despite the fact that BEDSONLINE wishes to provide the AGENCY with a continuous service through the website, this service may be interrupted for various reasons. In such cases and whenever possible, BEDSONLINE will attempt to inform users sufficiently in advance, but accepts no responsibility whatsoever for any damages that users may incur as a result of interruptions to the service allowing access to the website.

4.- Website access

Access to this website will be provided exclusively by BEDSONLINE.

Access to certain services is conditional to the user registering on the BEDSONLINE database. In these cases the AGENCY agrees to duly safeguard the access codes (user name and password) as they are for sole use by their holder and the safeguarding and correct use of them is entirely the user’s responsibility. The AGENCY, which freely and voluntarily registers as a user or informs BEDSONLINE of any personal data through the procedures established on this website, expressly authorises BEDSONLINE to use said data to send the user commercial information about its products or services, until the user ceases to be a client of BEDSONLINE. In any event, said data will be treated in accordance with the description provided in the “privacy policy” published on this website, and always respecting the legislation in force at all times in matters pertaining to personal data and services relating to the information society. All information provided for BEDSONLINE by the AGENCY must be accurate. To this effect, the AGENCY guarantees the authenticity of any data it may provide as a consequence of completing the forms needed to register as a client or user. Similarly, the user will be responsible for ensuring that all information provided to BEDSONLINE is kept permanently up to date, so that it corresponds at all times to the user’s real situation. In any event, the AGENCY shall be held solely responsible for any false or inexact information provided and for any damages that this may cause to BEDSONLINE or any third parties due to the information provided.

5.- Unauthorised use

The AGENCY or the users in general who use this website agree not to make any use of this site for any purposes or activities that are illegal or illicit, or that contravene the norms of good conduct, and have no right to modify any of the materials included on our website, nor to copy, distribute, broadcast, present, produce or in general reproduce in any way, publish, authorise or create any work based on the information or the content included on this website.

6.- Process for contracting services

6.1 Age and responsibility

The AGENCY guarantees i) that it makes legitimate requests and bookings for the AGENCY or in representation of other persons who have legally authorised the AGENCY to proceed with the booking; ii) that the AGENCY User is at least 18 years of age or has the legal capacity necessary to create a legal contract on behalf of the AGENCY; and iii) that any and all information supplied during the booking process is correct and true, for which the AGENCY accepts all financial responsibility resulting from any transaction carried out using the AGENCY’S access codes or on behalf of the AGENCY.

6.2 Access codes

The access codes for this program (user names and password) will be provided by BEDSONLINE for each AGENCY, including any passwords that may be needed for each AGENCY user.

Immediately after the initial access codes have been used for the first time to access the

BEDSONLINE booking service, each registered user assigned to the AGENCY must change their personal password (initially provided by BEDSONLINE), to guarantee an absolute safeguard of the confidentiality, priority and independence when using the program.

The access codes provided by BEDSONLINE are for the sole use of each AGENCY and user, in such a way that no access code may be transferred or revealed to third parties, including their representatives or subsidiaries of the AGENCY.

Each AGENCY and the personal user are directly responsible for the use of their own access codes, which must not be shared with other users nor disclosed by any means. In the event of improper use thereof, such access codes shall be withdrawn; sales will immediately be stopped and fraudulent bookings will be cancelled. In the event that BEDSONLINE or the AGENCY detect fraudulent or improper use of the access codes by the AGENCY, including its current and former employees, BEDSONLINE reserves the right to take any legal action pursuant to the protection of its legitimate interest and claim the cancellation costs of the fraudulent bookings from AGENCY.

For reasons of security, BEDSONLINE reserves the right to change the access codes of the AGENCY so long as such changes shall not disrupt the use of the system by said AGENCY, and that sufficient notice of the planned change(s) is received by said AGENCY. In addition, the AGENCY should change the access codes from time to time for security reasons, especially every time a user is no longer employed by the AGENCY.

6.3.- Contracting services

The conclusion of the contracting process via the website is conditioned by this document and by the BEDSONLINE Contract Terms and Conditions (hereinafter referred to as “Terms and Conditions”). The Terms and Conditions are an integral part of the website, and may not be separated from the Contract Terms and Conditions, the operational section or any bookings made. By accessing, viewing, using or contracting the website, the AGENCY consents to be governed by these Terms and Conditions. The AGENCY also agrees to abide by all laws and regulations that are applicable to this website and the bookings made through it.

If the AGENCY does not wish to be bound by these Terms and Conditions, it must not proceed to book any tourist services on the website.

Booking and contracting the product offered by BEDSONLINE may only be made by a person of legal age and with full legal capacity to act in accordance with current law. The AGENCY, therefore:

·       May not use the website for any purpose other than for contracting the BEDSONLINE product.

·       May not send, transmit or issue on or via the website any information that may be damaging, obscene, defamatory or illegal in any other way for the rights of the BEDSONLINE or any third parties.

·       Shall not make any unauthorised, false or fraudulent bookings.

·       Shall not use any software, routine or mechanism that interferes or has the possibility of interfering, electronically or manually, with the operability and functionality of the website, including but not limited to the loading or transfer of corrupt data or computer viruses of any kind.

·       Shall not distort, alter or interfere in the appearance, availability or format of the website or its source code.

·       Shall not undertake actions that lead to an unreasonable or disproportionate overload of the website or its infrastructure.

6.4 Impossibility of handwritten signature

Due to the special nature of remote contracts, you hereby recognise the impossibility of signing the payment receipt, which is considered to acknowledge acceptance of the transaction. For this reason you hereby waive the need for a signature for all electronic transactions generated by bookings made through the BEDSONLINE website.

Notwithstanding any other of its rights, BEDSONLINE reserves the right to deny access to this website and/or to cancel any bookings, should BEDSONLINE deem (at its own discretion) that the AGENCY is failing to comply with any of the Terms and Conditions of this agreement.

6.5 Independent contracting parties

BEDSONLINE and the AGENCY are independent parties to the agreement. No joint venture or other business relationship, franchise, representation or agency exists between the parties. Neither party shall have the power to bind the other or to accept obligations on its own behalf without the prior consent of the other party.

7.- Personal information and data protection

7.1 Personal data treatment

Beyond the strict observance and compliance of the current Organic Law 15/1999, 13 December, concerning Personal Data Protection, enacted in accordance with the provisions of European Directive 95/46, which is completed by European Directive 2002/58, and by regulations that complement, develop or replace the current “Personal Data Protection Regulation” (hereinafter referred to as PDPR), it is hugely important for BEDSONLINE to ensure the protection and diligent use of the information that BEDSONLINE accesses from both the AGENCY and the end consumer (hereinafter referred to as CLIENT).

During the process by which the AGENCY requests and is then registered at BEDSONLINE, the AGENCY may provide data relating to the AGENCY and personal data relating to the user contracting the website’s services on behalf of the AGENCY and who is responsible for the use of the access codes. The AGENCY agrees to administer the codes diligently and accepts any financial responsibility resulting from any transaction carried out using the AGENCY’S codes or on behalf of the CLIENT.

The AGENCY guarantees that any personal data which, by virtue of the use made of this system the AGENCY discloses to BEDSONLINE, has been obtained, treated and transmitted under strict compliance of the PDPR, and authorises BEDSONLINE to proceed with any data transfers that may be required to ensure that the booking requested by the CLIENT can be processed. The AGENCY agrees to provide all necessary and updated information on the CLIENT.

BEDSONLINE and the AGENCY declare and guarantee that they have implemented the necessary technical and organisational measures to ensure the security of all personal data to prevent any alteration, loss, treatment and/or unauthorised access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.

7.2 Incorporating data into electronic files

The AGENCY has been informed and gives its express and unequivocal consent for its data to be incorporated into the personal data files that exist at Beds On Line, S.L.U. and for said data to be processed with the aim of providing, administering, brokering and contracting the services provided by BEDSONLINE, processing bookings and collecting payment for products and services through BEDSONLINE, call centres, incident management, compiling statistics, etc.

The party responsible for said files is: BEDSONLINE, S.L.U., with registered address at Camí de Son Fangos 100, Torre A – 5ª Planta, Palma de Mallorca, C.P. 07007 (Spain). This file is registered with the Spanish Data Protection Agency (http://www.agpd.es).

If the agency’s client or the user wish to exercise the PDPR-granted rights to access, rectify, cancel or oppose said data, they can email dataprotection@hotelbeds.com or write a signed and certified letter, and in both cases indicate the requested action and provide a photocopy of the applicant’s national identity document.

In the event of accessing any personal data, the AGENCY and BEDSONLINE agree to:

·       Guard the data using legally enforceable technical and organisational security measures to ensure their safety, and prevent any alteration, loss, treatment or unauthorised access, in accordance with the state of the technology at the time, the nature of the data and any risks to which such data may be exposed.

·       Use or apply the data solely for the agreed services.

·       Not communicate the data, even in terms of its storage, to other people. Not duplicate or reproduce all or any of the data’s information, results or details.

·       Ensure that the data is handled solely by those employees whose involvement is necessary for the provision of the specific service. It is possible for the information to be disclosed to third parties, but said parties are obliged to maintain confidentiality in accordance with the provisions of this document.

·       Once the service provision has come to an end, ensure that the information is destroyed or returned, together with the devices or documents containing the data, without retaining a copy of any kind.

The AGENCY authorises BEDSONLINE to reveal the information about its consumers to third parties with the sole purpose of completing the consumer’s booking and for administrative purposes. Any data collected on the website in this way will be sent, in accordance with the provisions of the PDPR, to the entities that need to be involved in order to contract the services required.

When the end consumer’s hotel stay or service provision falls outside the European Economic Area (EEA), data protection controls may not be as strict as the legal requirements contained in the PDPR. However, under no circumstances shall BEDSONLINE pass information on to any person that is not directly responsible for preparing the travel details.

In the event of the AGENCY, its employees or, where applicable, any contracted third parties failing to meet any commitments or obligations resulting from the PDPR, the AGENCY shall be considered liable, specifically assuming complete responsibility for any claim made against BEDSONLINE as a consequence of any kind of administrative sanction imposed by the corresponding authorities, as well as damages from any in-court or out-of-court proceedings against BEDSONLINE. Responsibility includes, in all cases, fees for lawyers, attorneys and any other professionals, with early termination of the services provided considered a specific failure by the AGENCY to comply with the provisions of this clause. “Confidential information” is deemed as any information or data, written or otherwise, computerised or in any format currently existing or yet to be created, which BEDSONLINE communicates or supplies to the AGENCY, or to which the AGENCY has access to with or without the knowledge and/or express consent of BEDSONLINE.

Confidential information therefore includes, but is not limited to: databases and prototypes created using submitted documentation, own-build software, access keys for computer systems, information referring to users and/or clients of the agency, telephone numbers, fax numbers, email addresses, addresses of offices, agencies, branches, delegations and central offices, computer programs, copies, Jlc, routines, sources, functional and organic analyses, know-how, formulas, processes, ideas, inventions (patentable or otherwise), financial data and development plans, strategies, content from offers presented and any other supporting documentation, data or materials belonging to BEDSONLINE or available on its website and to which the AGENCY could have access, residential telephone numbers, fax numbers, email and home addresses, signatures, copies of passports or national identity documents, credit/debit card details, personal or dietary preferences, religious details or any other information that may apply to and be relevant to the contracting or payment of the booking made by the CLIENT or the on behalf of which said client operates.

In no case shall the following information be considered confidential:

·       Any subject that is publicly available or which enters the public domain, unless it does so as a result of a breach by one of the parties.

·       Any information or knowledge (know-how) acquired by third parties.

·       Any information which must by law be made public.

·       Any information required by Judges or Courts.

·       Information referring to economic data or data of any other kind that must be submitted to the state, local or regional authorities, due to fiscal, labour-related or government procurement requirements.

7.3 Disclosure ban

The total or partial disclosure of any confidential information to which the AGENCY may have access as a result of contracting and providing the services of third-party individuals or corporate bodies not included in this business relationship is expressly prohibited.

The AGENCY guarantees that its employees, Clients, suppliers, sub-contractors and other persons relating to the collaboration agreements between BEDSONLINE and the AGENCY adhere to the confidentiality obligations contained in this agreement. The AGENCY will be solely responsible for taking any necessary measures to this end, and for making any claims for damages resulting from a breach of this obligation.

The AGENCY agrees to maintain these obligations of confidentiality indefinitely, from the date on which this agreement is signed, and regardless of whether or not the relationship between the parties comes to an end.

8.- Intellectual/industrial property and other rights

8.1 Website content

All the designs, brands, patents, names, images, logos, graphics, icons, applications and other for their use, and are under protection from industrial and property rights. Under no circumstances does access to the website imply a transfer of said rights by BEDSONLINE to the AGENCY, which may not make any commercial use of such content, or in any way alter, reproduce, distribute or publicly communicate said content without authorisation by BEDSONLINE.

8.2 Ownership

The AGENCY recognises and agrees that, with the exception of the regulations herein provided, it shall acquire no right or interest with regard to the information or data to which it has access, and that BEDSONLINE shall continue to be the sole owner of the information and data, including but not limited to all patents, copyrights, brands, business secrets, commercial names, contracts, industrial designs and other property rights belonging to them, anywhere in the world.

All brands, copyrights, database rights and other intellectual and industrial property rights over the contents of the website (and its organisation and appearance), as well as the source codes, are the property of BEDSONLINE or its providers. Neither the AGENCY nor any other representative may copy, modify, alter, publish, publicly communicate, distribute, sell or transmit the contents of this website or its source code, either wholly or in part, without written authorisation from BEDSONLINE.

In the event of the AGENCY making inappropriate use of any brand belonging to BEDSONLINE,without the express authorisation of BEDSONLINE through the corresponding licence, the AGENCY shall be immediately denied access to the BEDSONLINE product, which shall not affect the right of BEDSONLINE to bring any legal action it deems fit in defence of its rights.

8.3 Restrictions

With the exception of the stipulations in the General Conditions, the AGENCY is prohibited from copying, reproducing, modifying, transmitting, selling, leasing, marketing or disclosing the contents (and/or any of their elements) provided and disclosed by BEDSONLINE.

BEDSONLINE will not be held liable for any errors or inaccuracies in the content or any of its elements.

The AGENCY recognises and accepts that merely revealing or accessing the information or data available on this website does not constitute an offer by BEDSONLINE for the sale or transfer of such elements.

8.4 Content waiver

The information on this website has been entered in good faith. BEDSONLINE cannot guarantee that  it is completely free of defects or typographical errors, and as such BEDSONLINE accepts no liability  whatsoever for any errors or omissions that may exist on this website. The information on  accommodation and other services provided by BEDSONLINE is as accurate as possible considering  that the information is supplied by the service providers, and BEDSONLINE is not responsible for any  inaccuracies in the information with regard to the actual service provided.

The website may include links to third-party websites, which are provided solely for purposes of information. Any such websites are independent from BEDSONLINE, which shall not be held responsible for them or for any material that they may contain.

The service providers promoted on our website are independent entrepreneurs and in no case are they agents or employees of BEDSONLINE. They provide their services in accordance with their erms and Conditions, which may limit or exclude their liability with regard to the AGENCY or the CLIENT. BEDSONLINE and its affiliates are not liable for any action, omission, negligence or breach of contract by these independent entrepreneurs, or for any damages or costs that may result from such circumstances. BEDSONLINE and its affiliates are not liable for any reimbursements in the event of overbookings, force majeure or any other cause beyond control of BEDSONLINE.

To the extent permitted by Law, BEDSONLINE excludes any implicit guarantee with regard to the veracity and accuracy of the information, services and materials contained on this website. Such information, services and materials are provided as they are and subject to availability, with no guarantee of any kind.

9.- Claims and liability. Liability disclaimer clause

Under no circumstances will BEDSONLINE (or its affiliates) be held liable for any direct or indirect losses or damages of any kind resulting from the website being accessed or otherwise, from its use or from the information contained on said website, including the interruption of business and any similar circumstance.

The liability of BEDSONLINE will not under any circumstances exceed the amount paid by the AGENCY to BEDSONLINE for the specific services offered, regardless of whether said liability is the result of a breach of these Terms and Conditions, a breach of the agreement that these Terms and Conditions relate to, an action or omission that violates any legal or regulatory obligations, or any other cause.

10.- Transfer of rights

BEDSONLINE reserves the right to transfer part or all of the obligations or rights resulting from these Terms and Conditions to any subsidiary, associate or parent company, and any subsidiary of said parent company.

The AGENCY is not authorised to transfer to a third party any obligation or right resulting from these Terms and Conditions, or any other agreement that forms part of it with regard to a third party, unless express authorisation has been given by BEDSONLINE.

11.- Use of cookies

Accessing BEDSONLINE may involve the use of cookies, even though the page may function without their use. Cookies are small files that store information on each user’s browser so that the server can recognise certain information that can only be read by the server. Cookies have a limited duration. No cookie allows any telephone number, email address or any other information details to be revealed. Cookies cannot extract any information from the user’s hard drive or obtain personal information about it. The only way that a user’s private information may form part of a cookie file is if the user personally provides the server with this information.

Although cookies help to optimise the bookings process, users who do not wish to receive cookies or who do not want their visit to be reported may configure their browser to this end. All internet browsers include options in their configuration that allows cookies from specific websites to be blocked or for access to be allowed.

Some of our websites and emails with HTML format may use markers and/or cookies to compile statistics regarding the usage of BEDSONLINE. One web marker is an image placed in the message to inform BEDSONLINE that said message has been viewed, with the sole purpose of compiling usage statistics.

12.- Hyperlinks

The website may contain hyperlinks to other websites that are not edited, controlled, maintained or supervised by BEDSONLINE, which is therefore not liable for the content of said websites. Their content is the responsibility of their respective owners and BEDSONLINE does not guarantee or approve said content. The purpose of any links that appear or may appear on website is solely that of informing the user about the existence of other sources of information about the subject matter to be found on the internet. Under no circumstance will BEDSONLINE be held responsible for the results that entail through said hyperlinks. Any users who wish to establish hyperlinks to this website must abstain from making any false, inaccurate or incorrect representations concerning the website or its content. In no cases should it be stated or suggested that BEDSONLINE authorises the hyperlink, or that it supervises, approves of or accepts in any way the contents or services offered or made available on the website which the hyperlink leads to. Under no circumstance does establishing a hyperlink imply the existence of any kind of relationship between BEDSONLINE and the owner of the website within the hyperlink. No hyperlinks will be established to websites that include information or content that is illicit, immoral or that contravenes the norms of good conduct, public order or any accepted internet usages, or which contravenes the rights of third parties in any way. Hyperlinks which link to the website from other websites may allow access to the website, provided they respect the previously established requirements, but may not reproduce its content in any way.

13.- Consent

If you are using this website this means that you accept and agree with the information provided herein, and therefore that you accept these Terms and Conditions.

Furthermore, it is the sole responsibility of the AGENCY to ensure that these Terms and Conditions are brought to the attention and obtain the acceptance of its end consumers, intermediaries and any other person or company involved that may affect or be affected by said Terms and Conditions. By facilitating any transaction carried out through this website, the AGENCY accepts that these Terms and Conditions apply to each and every transaction made.

14.- News bulletins

BEDSONLINE does not automatically subscribe users to our news bulletin. To receive it, you are given the option of subscribing. If you do subscribe, you can be informed by email of hotel news and offers. If you wish to unsubscribe from receiving our news bulletins, you can do so in the “News bulletins” section.

15.- Non-waiver

In the event that BEDSONLINE fails to apply any of the stipulations set out in the previous points, under no circumstance shall this be deemed to be a waiver of said stipulation.

16. Regulatory references

All regulatory references made in these Terms and Conditions are understood to have been made in observance of the regulation indicated herein, of the regulation that it is replaced by or by whichever regulation is in force at any time.

17.- Legislation and privilege

All application and interpretation of this document shall be governed by all appropriate Spanish legislation in force. In the event of any discrepancy arising in the interpretation or implementation of this document, both parties expressly waive any privileges that they may hold, and submit to the jurisdiction of the Courts of Palma de Mallorca, Spain.