Conditions of Use
Access to, browsing and use of the Website www.oceanbooking.com (henceforth, the “Website”) entails the explicit and unreserved acceptance of all the terms of these conditions of use, having the same validity and efficacy as any contract drawn up in writing and signed.
Any person who accesses, browses or uses the Website will be required to observe and comply with this. If you are not in agreement with the terms set out, do not access, browse or use any page of the website.
Owner: NEPTUNO TURÍSTICA S.A. (henceforth “OCEANBOOKING”)
Registered offices: Avd. Antonio Domínguez Alfonso nº8, 38660 Playa de las Américas – Arona (Tenerife)
Registered offices of OCEANBOOKING: Avda. Juan Carlos I, Paseo Calaredes S/N, 38660 Los Cristianos – Arona.
Spanish fiscal ID number: A38033502
2. PURPOSE AND APPLICABLE SCOPE.
These conditions of use regulate access, browsing and use of the Website, without prejudice to the fact that OCEANBOOKING reserves the right to modify the presentation, configuration and content of the Website as well as the conditions required for its access and/or use. Access and use of the contents of the Website after its modifications and changes have come into force represent acceptance of the same.
However, access to specific content and the use of specific services may be subject to certain special conditions, which will be in all circumstances clearly displayed and will need to be explicitly accepted by users. These special conditions may replace, complete or, if applicable, modify the present specific conditions of use.
OCEANBOOKING reserves the right to modify the terms and conditions stipulated herein, wholly or in part, publishing any change in the same way in which these conditions of use appear or via any type of communication directed at users.
3. ACCESS AND REGISTRATION.
Accessing and browsing the Website does not require registration. However, in order to purchase certain services, book such services or benefit from certain programmes, among others, it will be necessary to complete the web forms provided to this end. Registration on the Website is, unless explicitly indicated otherwise, free.
In the event that you lack a username and password for accessing the private platforms housed on our Website, you will need to register using the links and/or forms provided for this purpose, where you will need to complete all your real and truthful details, given that this will be the only way we have to be able to process possible orders that you place in the future, as well as properly manage our commercial relationship.
Access to the Website by people below legal age is prohibited.
Under no circumstances shall OCEANBOOKING be liable for the truthfulness of the registration details provided by end users, and thus it shall be the latter who are liable for the possible consequences, errors and mistakes that may subsequently stem from the lack of truthfulness in the details.
3.1. REQUIREMENTS FOR REGISTERING AS A USER.
An indispensable requirement for being able to register as a user is to be over 18 years old, and to provide all the details required and listed as compulsory. In this regard, in each of the registration forms OCEANBOOKING will set out the particular conditions to be fulfilled by the user. OCEANBOOKING reserves the right to request the necessary information or carry out the actions aimed at confirming that the registered user fulfils the conditions required by OCEANBOOKING for their registration.
Similarly, the registered user accepts that their account as a user is personal and non-transferrable.
The transfer of a registered user account between people is not permitted under any circumstances.
Users may at any time request their deregistration from the platform housed on the Website, it being sufficient to this end to get in touch with OCEANBOOKING by the means set out in each of the records or platforms.
In any event, once the deregistration comes into effect, the user may request a new registration as a customer, OCEANBOOKING reserving the right not to accept said registration in the particular circumstances specified in the clause entitled “Non-authorised users” or, in the case of conflict or controversy arising between the parties, by concluding or terminating with recognition of the customer’s blame or negligence and/or harm to OCEANBOOKING, to its partners and associates or to its users, customers or potential customers.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.
NEPTUNO TURÍSTICA SA is the owner of or, if applicable, has the corresponding licences for the intellectual and industrial property exploitation rights of the Website, as well as the intellectual and industrial property rights over the information, materials and content of the same.
Under no circumstances shall it be understood that access to, browsing or use of the Website by the user constitutes a renunciation, transmission, licence or transfer, wholly or in part, of such rights by OCEANBOOKING. The user has a right to use the content and/or services of the Website within a strictly domestic setting.
References to brands and registered trademarks, or other distinctive marks, whether the property of OCEANBOOKING or third-party companies, implicitly entail the prohibition of their use without the consent of OCEANBOOKING or their legitimate owners. At no time, unless explicitly indicated otherwise, does access to, browsing or use of the Website and/or its content bestow upon the user any right regarding the distinctive marks that may be included within it.
All intellectual and industrial property rights pertaining to the content and/or the services of the Website are hereby reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any medium or in any form, all or part of the content included in the Website, for public or commercial purposes, unless in possession of the previous, explicit and written authorisation of OCEANBOOKING or, if applicable, the holder of the respective rights.
In the event that the user sends information of any type to OCEANBOOKING via any of the channels provided to that end, the user declares, ensures and accepts that they have the right to do so freely, that such information does not infringe any intellectual, industrial, commercial secret or any other rights of third parties, and that such information does not have a confidential nature or harm third parties.
The user acknowledges they accept liability, indemnifying OCEANBOOKING for any communication that they send personally or in their name, such liability unreservedly including the exactitude, legality, originality and ownership of the same.
5.1 LINKS TO OTHER WEBSITES
In the event that the Website displays links to other websites by means of various buttons, connections, banners or embedded content, OCEANBOOKING hereby gives notice that these are directly managed by third parties, OCEANBOOKING not having either the human or technical resources to ascertain in advance and/or monitor and/or approve all the information, content, products or services provided by other websites to which the present Website may establish links.
Consequently, OCEANBOOKING cannot accept any type of liability for any aspect relating to any website to which the Website may establish a link, and specifically, including but not limited to, with regard to its operations, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content in general.
In this regard, if users should ascertain that the activities undertaken by such third-party websites are illegal or are in contravention of morality and/or public order, they should notify OCEANBOOKING immediately, on the basis of which the link to the same will be deactivated, a response that will be carried out as quickly as possible.
In any event, the establishment of any type of link from the Website to another unconnected website shall not imply that there exists any manner of relationship, partnership or dependency between OCEANBOOKING and the entity in charge of the third-party website.
5.2 LINKS TO OTHER WEBSITES
OCEANBOOKING places at the disposal of its users, via a range of tools and applications, links that enables users to access different channels and pages. The installation of such applications in the Website have the sole purpose of enabling users to access such channels in the various platforms and social media networks.
The establishment of such applications does not entail that there exists any relationship between OCEANBOOKING and the the owner, manufacturer or distributor of the linked platform, or the acceptance or approval on the part of OCEANBOOKING of their content and/or services, the owner, manufacturer or distributor being solely liable for the same.
Under no circumstances will OCEANBOOKING share any type of private information about its users with such owners of such external websites, its only purpose being to enable access to them on the part of users. In this regard, all the information that users wish to supply to these external platforms and/or websites will be under their own responsibility, OCEANBOOKING not being involved in the said process.
Owing to the fact that OCEANBOOKING has no control over the content housed in the aforementioned channels, users acknowledge and accept that OCEANBOOKING has no liability whatsoever for the content or for the services to which the users may have access in such pages or for any content, products, services, advertising or any other material available in the same. For this reason, users must exercise the utmost caution in the valuation and use of the information, content and services existing on the linked channels, and regarding their own or third-party information that they wish to share on such channels.
5.3 LINKS ON OTHER WEBSITES DIRECTED TO THE WEBSITE
OCEANBOOKING does not authorise the creation of links to this Website from other websites that may contain illicit, illegal, degrading or obscene material, information or content or, in general, that contravenes the law, morality or public order, or generally accepted social norms.
In any event, users may create links on their own websites providing that they request the prior and explicit authorisation of OCEANBOOKING.
OCEANBOOKING has neither the capacity not the human or technical resources to ascertain, monitor or approve all the information, content, products or services provided by other websites that have created links leading to this Website. OCEANBOOKING does not accept any type of liability for any aspect relating to those websites that create a link leading to this Website and specifically, including but not limited to, with regard to its operations, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its content in general.
6. WEBSITE CONDITIONS OF USE
It is not permitted, and its consequences will therefore be the exclusive responsibility of the user, to access or use the Website for illegal or unauthorised ends, with or without an economic goal and, more specifically and without the following list having an exhaustive character, it shall be prohibited to:
Use the Website in any way that might provoke damage, interruptions, inefficiencies or defects in its operations or in the computer of a third party;
Use the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files;
Use the Website to collect other users’ data of a personal nature;
Register on the Website with a false identity, impersonating third parties or using a profile or carrying out any action likely to confuse other users about the identity of the origin of a message;
Access without authorisation any section of the Website, other systems or networks connected to the Platform, any server of OCEANBOOKING or the services offered through the Website, by means of hacking or falsification, extraction of passwords or by any illicit means;
Breach, or attempt to breach, the Website’s security and authentication measures or those of any network connected to the same, or the security or protection measures built in to the content offered by the Website;
Carry out any action that triggers a disproportionate or unnecessary saturation in the Website’s infrastructure or in the OCEANBOOKING systems or networks, as well as the systems and networks connected to the Website; or
Hinder the normal development of an event, competition, promotion or any other activity available through the Website or any of its functionalities, whether altering or attempting to alter, illegally or in any other way, access to, participation in or operation of the same, or falsifying the result of the same and/or using fraudulent methods or participation, by means of any procedure, and/or by means of any practice that breaches or infringes in any way any of these Conditions of use.
Breach of any of the preceding obligations by the user may cause OCEANBOOKING to take the appropriate measures under the protection of the Law and in exercise of its rights and obligations, potentially leading to the removal or freezing of the non-compliant user’s account, without there being any recourse to compensation of any kind for the harm or damages incurred.
7. PURCHASING PROCESS
Bookings on the Website may be conducted in Spanish, English or German. Most of the fields are unrestricted, such that the Website does not have the means to identify or correct errors when details are entered, so any mistake made when entering such details will be the responsibility of the user.
The document formalising the contract whereby the customer acquires any tourist product or service via the Website will be sent to the user by email. This email will provide information relating to the contracted products and/or services, their reference number, all the information relating to the method of payment, conditions of cancellation, other useful information and, if applicable, the travel documents. Similarly, the document will be stored by Oceanbooking and the USER may, at any time, request the information he or she requires from the customer service team.
The purchase of any product will only become effective at the time that Oceanbooking levies the charge in a validated manner depending on the payment method chosen, it still being liable to cancellation by Oceanbooking up to that time.
The available payment methods are:
PAYMENT BY CREDIT OR DEBIT CARD. With debit cards the amount due will be debited automatically from the associated account; with credit cards the USER may have access to money without having funds in the associated account, and the amount will normally be charged at the beginning of the month following the purchase.
DIRECT PAYMENT AT THE HOTEL. The USER may make the payment directly at the hotel when this type of service is specifically allowed for. Oceanbooking will request the user’s credit card details ONLY AS A GUARANTEE. The hotel will only use these details to charge the cancellation fees in the event of cancelling the booking or non-appearance at the hotel in accordance with the terms and conditions of booking.
Not all these payment options will be constantly activated; it will depend on the type of product, how far in advance the booking is made and the cancellation conditions of the booking.
The act of requesting a booking entails a commitment on the part of the customer to authorise payment of the entire amount of the contracted product, service or combined journey.
USERS accept that they will get in touch with Oceanbooking via our Customer Service Department if they have any claim before making any arrangement with their bank or embarking upon any legal action.
The goal of this clause is not to hinder their right to embark upon legal proceedings in any court, tribunal or any other alternative form of conflict resolution. On the contrary, we wish to offer them a faster and economically beneficial route, which will save both you and ourselves time and money. In exchange, we undertake to give you a response within 30 working days.
The contact details of the Customer Service Department may be found in the lower part of the WEBSITE.
The prices published online include airport taxes. They do not however include local taxes - which are paid directly at the hotels - or the taxes to leave the country, which are paid at the airport.
7. RESPONSIBILITIES AND GUARANTEES.
OCEANBOOKING cannot guarantee the reliability, utility or veracity of absolutely all the information and/or the services of the Website, nor of the utility or veracity of the documentation placed at users’ disposal through the same.
Consequently, OCEANBOOKING does not guarantee or accept liability for: (i) the continuity of the Website content; (ii) the absence of errors in such content; (iii) the absence of viruses and/or other harmful components in the Website or the server that supplies it; (iv) the invulnerability of the Website and/or the impossibility of breaching the security measures that are taken therein; (v) the lack of utility or performance of the Website content; or (vi) the harm or damages caused, to itself or to a third party, by any person who infringes the conditions, norms and instructions that OCEANBOOKING establishes on the Website or through the harming of the Website’s security systems.
However, OCEANBOOKING hereby declares that it has taken all the necessary measures, within its possibilities and the state of technology, to ensure the operation of the Website and reduce to the minimum the errors of the system, both from the technical point of view and those of the content published on the Website.
If users become aware of the existence of any illicit or illegal content in contravention of legislation or that may involve a breach of intellectual or industrial property rights, of the applicable regulations in the field of protecting personal data and/or any other right, they should immediately notify OCEANBOOKING so that it may take the appropriate steps.
OCEANBOOKING does not guarantee the lawfulness, reliability or utility of content supplied by third parties through the Website.
OCEANBOOKING shall not be liable for the veracity, integrity or updating of the information published on the Website originating from sources unconnected to the same (external news items, reports by external professionals, etc.) or the content of other web portals that are linked from the Website.
OCEANBOOKING accepts no liability in terms of hypothetical harm that may result from using the aforementioned information.
In any event, OCEANBOOKING reserves the right to suspend, modify, restrict or interrupt, temporarily or permanently, access, browsing, use, storage and/or downloading of the content and/or use of the Website services, with or without prior notification, to those users who contravene any of the provisions set out in these conditions of use, without there being any possibility of the user demanding any compensation for this reason.
8. PRIVACY AND COOKIES POLICY
To see the complete cookies policy, click the following link: https://oceanbooking.com/cookie-policy-eu
9. APPLICABLE LAW AND COMPETENT JURISDICTION
These Conditions of Use shall be governed by Spanish law. For the resolution of any conflict the parties explicitly subject themselves, renouncing any other jurisdiction, to the courts and tribunals of Santa Cruz de Tenerife.
To submit claims regarding the use of our services customers may contact us in writing at the email or postal address set out in the “Identification” section; we are committed at all times to finding an amicable solution to the dispute.