Terms and conditions of use
These general Terms and Conditions of Use (hereinafter the Terms and Conditions of Use) regulate the access to and use of the Website and of the Application for UPGRADE6A (hereinafter UP6A) devices that the company TUI SPAIN S.L.U. (hereinafter TUI) provides to Internet Users (hereinafter the User or Users).
The use of UP6A represents full acceptance by the User of all the Terms and Conditions of Use in force at any time when the User accesses UP6A. Therefore, if the User does not agree with any of the conditions established herein, he/she must refrain from using UP6A.
1. IDENTIFICATION DATA
COMPANY: TUI Spain S.L.U., a company with registered office in Calle Mesena, 22, 2º Derecha, 28033 – Madrid (Spain), entered in the Companies Register of Madrid in Volume 18725, Book 0, Folio 89, Section 8, Page M-140868, Entry 30, with tax ID No. (C.I.F): B-81001836, telephone number 91 758 28 28, fax number 91 559 85 88 and e-mail address email@example.com.
UP6A is an online platform specialising in global tourism that facilitates and provides various contents concerning a variety of tourist destinations (hereinafter, the Content).
3.1 Access to UP6A is conditional upon the prior reading and acceptance by Users of the terms, conditions, communications, legal disclaimers and notices contained herein. As soon as Users enter and use UP6A they are accepting the Terms and Conditions of Use. If any User does not agree with the content or part of the content of these Terms and Conditions of Use, he/she must immediately exit UP6A and may not access or use the Content.
The Terms and Conditions of Use contained herein are applicable to all types of access that exist or might exist in the future to UP6A, including the Internet, via mobile telephone or any other device.
3.2 Access to UP6A is open and free of charge. However, a subscription or registration is required to view the courses.
3.3 The User understands and accepts that any use other than the authorised use is expressly prohibited.
4. RIGHTS AND OBLIGATIONS OF USERS
4.1 The User must use UP6A and the Content offered therein legally, in accordance with the legislation in force, respecting the intellectual and industrial property rights of TUI and of any third party.
4.2 The User guarantees that any activities he/she carries out on UP6A and the Content shall be in accordance with the law, morality, public order and good practices, hereby undertaking that under no circumstances shall they be offensive to TUI or to any other company, other Internet Users or third parties.
4.3 The User undertakes not to carry out any action through UP6A that shall cause harm or changes to the Content of UP6A, or hinder the functioning of UP6A, and shall not cause technical problems or transfer elements that carry computer viruses or that are capable of harming, interfering with or changing the e-mails of other Users.
4.4 The User guarantees that all the data he/she provides to TUI shall be true and accurate.
4.5 The use that Users may make of the Content and/or information supplied through UP6A shall be made at the expense and risk of the User.
5. RIGHTS AND OBLIGATIONS OF TUI
5.1 TUI is entitled to temporarily and without notice suspend access to UP6A, after attempting to first warn Users, provided that circumstances permit.
5.2 TUI does not guarantee the truth, reliability, accuracy, suitability or appropriate nature of the information supplied to Users by third parties.
5.3 TUI does not have any kind of control over any websites and/or applications that are not its own and shall not be responsible for their content or their use. Whenever a User clicks on a link to a website that is not owned by TUI, TUI does not declare or imply that it gives its support to said website. It shall be the User’s responsibility to adopt the necessary precautions to protect him/herself and his/her computer systems against viruses and other prejudicial or harmful content. TUI rejects any kind of liability due to damages resulting from the use by the User of any websites not owned by TUI.
6. GUARANTEES AND RESPONSIBILITY
6.1 TUI has no obligation to and does not monitor the use that Users make of UP6A and the Content. Therefore, TUI does not guarantee that Users will use UP6A and the Content in accordance with these Terms and Conditions of Use, or that they will do so diligently, sensibly or with respect for the Law and for public order.
6.2 The User understands and accepts that UP6A has been created and developed in good faith by TUI and that it is offered in its current state to Users.
6.4 However, TUI does not monitor or guarantee the absence of any viruses or other elements in the Content of UP6A that might cause changes to the computer system (software and hardware) of the User or to the electronic documents and files stored in his/her computer system, despite having adopted all the necessary technological precautions to avoid this. TUI does not accept any liability for damages and losses of any kind that might arise from the presence of a virus in the Content and that might cause changes to the computer system, electronic documents, files, etc.
7. LINKS AND CONNECTIONS
7.1 Users may not establish any kind of connection and/or link to UP6A from any other website without the prior and express consent of TUI, unless otherwise indicated in these Terms and Conditions of Use.
7.2 If UP6A contains connections or links to other websites not managed by TUI, TUI hereby declares that it does not exercise any kind of control whatsoever over these websites and is not liable or responsible for their content. Any links that UP6A might contain shall be offered solely for the purposes of informative references, without any assessment of the contents, owners, services or products offered therein.
Under no circumstances shall these links be considered as a recommendation, sponsorship or distribution by TUI of the products, services or contents owned by third parties, whether offered by said third parties or disseminated by them in any way.
7.3 TUI does not accept any responsibility concerning the services provided by said third parties regarding any complaints of any nature or any legal claims that may be brought regarding them.
8. DATA PROTECTION AND COOKIES
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 TUI, as the exclusive owner or assignee, holds all the intellectual and industrial property rights regarding the elements and the Content of UP6A.
9.2 All of the designs, images, maps, graphics, brands, signs, distinctive symbols or logos of TUI, frames, banners, the software and its various codes, source and object, etc. of UP6A are the property of TUI, which is the owner or assignee of the intellectual and industrial property exploitation rights regarding them.
9.3 The logos or distinctive symbols of other companies that might appear on UP6A during the User’s browsing, are the property of each company, with said companies legitimately holding the exploitation rights over them and giving their consent for these to be included on UP6A.
9.4 Users may not copy, change, distribute, broadcast, play, publish, transfer or sell the aforementioned elements or create new products or services derived from the UP6A Content or elements. Users undertake to respect the intellectual and industrial property rights of TUI.
9.5 Users may view the UP6A Content and elements and even print them, copy them and store them in any physical format, provided that this is solely and exclusively for their personal and private use and not for commercial use, and may not extend this authorisation to third parties. The User must refrain from bypassing, manipulating, removing or altering any protective device or security system that is installed on UP6A.
10.1 TUI shall pursue the breach of these Terms and Conditions of Use and any other inappropriate use of UP6A, filing all civil and criminal actions to which it may be entitled by law.
10.2 TUI provides Users and third parties with a unilateral complaints system, through which Users themselves must notify TUI of any infraction of its Terms and Conditions of Use, by writing to the following e-mail address: mailto:firstname.lastname@example.org
10.3 TUI shall do everything in its power to ensure that the UP6A Content does not infringe the Law and/or is not pornographic, xenophobic, discriminatory, racist and that it does not promote violence, as soon as it has actual knowledge of such situations.
11.1 These Terms and Conditions of Use constitute the entire agreement between TUI and the User concerning the purpose of this document and may only be modified by means of a written correction signed by a person who has been authorised by TUI, or through the publication of a version revised by TUI.
11.2. The legislation of some countries might not allow all of the limits of liability provided in these Terms and Conditions of Use and therefore said legislation could grant additional rights to those provided herein for Users, which TUI shall respect when this arises.
11.3 If any clause of these Terms and Conditions of Use is declared totally or partially null and void or invalid, it shall only affect said clause or the part of the same that is null and void or invalid, with the other Terms and Conditions of Use remaining and said clause or any affected part thereof being understood as excluded, unless it is essential to these Terms and Conditions of Use because it affects them all.
12. APPLICABLE LAW AND JURISDICTION
12.1 These Terms and Conditions of Use, as well as any relationship between Users and TUI, shall be governed by Spanish legislation. In the event of a dispute in the application or interpretation of these Terms and Conditions of Use, the parties submit to the authority of the Courts of the city of Madrid.
12.2 Without prejudice to the above, whenever the User is considered to be a Consumer he/she may assert his/her rights as such concerning these Terms and Conditions of Use both in Spain and in his/her Member State of residence in the European Union.
A Cookie is a file that is downloaded onto the User's computer and that enables TUI, among other things, to store and recover information about the browsing habits of a User or of his/her device and, depending on the information that it contains and the way in which the User's device is used, can be used to recognise the User. Because of the above, TUI requires the express consent of Users in order to link, inside the cookies, the stored data with the information and personal data provided. TUI may use its own or third-party cookies on UP6A.
It shall be understood that the User has given his/her consent if he/she enters and uses UP6A, without prejudice to the fact that he/she may revoke this at any time and disable the cookies. Said consent shall not be required for the installation of technical cookies or those that are strictly necessary for the provision of a service from the information society that is expressly requested by the User.
TYPES OF COOKIES:
Depending on who is the owner of the cookie:
- Own cookies: These are cookies that are sent to the terminal device of the User from a device or domain managed by TUI and from where the information and/or service requested by the User is provided.
- Third-party cookies: These are cookies that are sent to the terminal device of the User from a device or domain that is not managed by TUI, but is managed by another entity that processes the data obtained through the cookies.
Depending on the cookie duration:
- Session cookies: These are cookies designed to collect and store data while the User is accessing UP6A.
- Persistent cookies: These are a type of cookie in which data continues to be stored in the terminal and can be accessed and processed during a defined time period by the party managing the cookie.
Depending on the purpose of the cookie:
- Technical cookies: These are cookies that enable the User to browse through UP6A, and to use the various options or services. These are used, among other purposes, to control data traffic and communication, to identify the log in, to access restricted-access areas, to use security elements during browsing or to share contents via social media.
- Personalisation cookies: These are cookies that enable the User to access UP6A using some general characteristics based on a set of criteria on the User's terminal (the language, the type of search engine through which access is made, the regional configuration from where the service is accessed, etc.).
- Analysis cookies: These are cookies that make it possible to quantify the number of Users, and make a statistical measurement and analysis of the use that Users make of TUI's services and products. They are used in order to improve the range of products and services that TUI offers.
On UP6A, Google Analytics is used, which is a website analysis service developed by Google that enables the measurement and analysis of browsing on web pages. Users can find more information on this subject and disable the use of these cookies at:
Through the use of website analytics, information is obtained concerning the number of Users that access websites, the number of web pages viewed, the frequency and repetition of visits, their duration, the operator that provides the service, the search engine used and the terminal. All of this information helps to offer a better and more customised service for Users.
ALLOWING, BLOCKING OR DELETING COOKIES
Users can access the settings of the search engine they use to allow, block or delete the cookies installed on their device. Below are the instructions to configure cookies in the main search engines:
· Chrome: Settings -> Show advanced options -> Privacy ->Content settings. For more information, the User can consult Google support or the Help option of his/her search engine.
· Firefox: Tools -> Options -> Privacy -> History -> Custom Settings. For more information, the User can consult Mozilla support or the Help option of his/her search engine.
· Internet Explorer: Tools -> Internet Options -> Privacy -> Settings. For more information, the User can consult Microsoft support or the Help option of his/her search engine.
· Safari: Preferences -> Security. For more information, the User can consult Apple support or the Help option of his/her search engine.
2. EXERCISING ARCO RIGHTS
Any UP6A User may exercise their rights of Access, Correction, Cancellation and Opposition (ARCO) at any time in the terms established in the Organic Law 15/1999 by contacting the following TUI and Travelview addresses:
TUI SPAIN S.L.U
Calle Mesena, 22, 2º Derecha
28033 Madrid (Spain)
Feedback CIT S.L. (Travelview)
Claudio Coello, 46, 2º Izquierda
28001 Madrid (Spain)
3. REGISTRATION AND PERSONAL INFORMATION
4. IMPERSONAL INFORMATION
TUI and Travelview may collect impersonal identification information from Users every time they come into contact with UP6A. The impersonal identification information can include the browser name, the type of computer used and technical information on the means used to connect to UP6A by the User, or in its case the Application, as well as the operating system used, internet service providers and other similar information.
5. THIRD PARTY WEBSITES