GENERAL CONTRACTING CONDITIONS FOR TURITOP SERVICES: https://www.turitop.com
Version 1.1 On this day 05 of August of the year 2020
The present General Contracting Conditions (from hereon, also GCC) are applied to the Booking System available in the web https://www.turitop.com/ owned by TURITOP, S.L. with C.I.F. B- 76534759, registered address in Avenida Santa Cruz, 117, door 9, 38600, San Isidro, Santa Cruz de Tenerife, and registered in the Mercantile Registry of Tenerife, Volume 3177, Folio 38, Sheet 1.
The party contracting the service or services, from hereon “CLIENT”, accepts the present General Contracting Conditions for business or professional purposes and will therefore not be considered as a consumer, according to the concept defined in the current regulations.
The registration and opening of an account through the website imply the contracting of this/these service/s and entails the full and unreserved acceptance of the General Contracting Conditions.
1.1 The object of this contract consists of the non-exclusive use of the computer application for cloud reservations, owned by TURITOP, S.L., which facilitates and automates the management of online reservations, and which integrates complementary services from third parties in accordance with the contracted Plan or Service Model (from here on “TURITOP Application”).
1.2 The confirmation of this contract will occur once TURITOP has confirmed the payment and accepted the request for the service by the Customer.
2.1 TURITOP is a technology company that develops and markets a suite of software products for companies. These tools facilitate the management of reservations, receipt of online payments, integration with resale portals and a large number of other features that allow the automation of tasks and improve the service received by the end customer.
2.2 The Client is understood to be an individual or legal organisation, with a professional profile and who does not have the status of a consumer according to the applicable regulations, after registering for the services available on the TURITOP website. The Client may not use the services of Turitop for other people, natural or legal, than those identified at the time of registration.
Each Customer may designate several users who will be assigned a code and password during the registration process in TURITOP, in accordance with the provisions of these GTC. The users associated with the Customer will have the following profiles:
Any communication sent by TURITOP, in the terms provided for in these GTC, will be valid for all purposes and it is the sole responsibility of the Client to keep the user profiles indicated above active.
3- The Hiring process.
3.1 TURITOP offers a trial period of 14 days, from the formalisation of the registration or subscription to the reservation system of TURITOP.
3.2 Once the client selects a plan for the use of the TURITOP Application, they must fill in the data and information requested to complete the registration and registration process as a Client.
After the registration and account creation, the Client will receive by e-mail as many user codes (e-mail provided) as passwords, by virtue of the users designated by the Client, these will be activated after verifying the registration data. The Customer can modify the passwords at any time, being responsible for their custody and being strictly forbidden to transfer them to unauthorised third parties. Each user must have their own code and password. It is forbidden for the same code and password to be used by several unidentified people.
Once the registration process is formalized, the Client will have to access the billing selection panel to incorporate the data of the bank card with which they will pay the fees. In the case of not having a bank card, the Customer must contact the sales staff of TURITOP email@example.com to process the payments under another method (bank transfer or PayPal).
4.- Conditions of access and use.
4.1 The user commits to use the TURITOP Application in an appropriate and lawful way, just as with the content, products and services available from it, in accordance with the applicable legislation at all times, these conditions, morals and good habits that are generally accepted and public order.
In general, access to the different functions of TURITOP will depend on the type of Plan selected by the Client, who must register and proceed to the corresponding membership through a user and password system that will be assigned as described in section 2 above.
The Client will be responsible for the custody of the access codes and must avoid their use by non-authorised third parties, with the obligation to adopt the necessary security measures to maintain the confidentiality of the systems or access and verification codes established in connection to the Application, this being so, TURITOP will be released from any responsibility for the negligence, or improper use by the user or any third party in this field.
Furthermore, the Client agrees to the following:
- To use the Application exclusively for the purposes and functions provided for that purpose by TURITOP, and it is forbidden to use the Platform for any other purpose or means.
- To make a legal and legitimate use of the Application, avoiding any unauthorized, fraudulent, illegal, or illegitimate use of it and/or the contents and information arranged through it.
- To not cause damage to the physical or logical systems of the Platform, its suppliers or third parties, or attempting to break the security or authentication measures of the same, carrying out any action that causes disproportionate or unnecessary saturation in the infrastructure or communications environment related to the Platform and the Service, attacking it in any way. TURITOP may adopt any preventive or corrective measures that may be necessary to protect its interests to ensure the correct functioning of the Platform, the Service, and its specific functions.
- To not introduce or spread computer viruses or any other system, physical or logical that may cause damage such as viruses, malicious code or other harmful programs or files.
- To not attempt access, use, and/or manipulate the data of TURITOP, or under its responsibility, or that of third-party providers and other users.
- That in particular, merely as an indication and not restricted to, the user agrees not to transmit, spread or make available to third parties information, data, content, messages, which may constitute an infringement of rights of TURITOP or third parties.
- To access without authorisation or interact with a false identity, forging or not the identity of third parties, using a profile or carrying out any other action that may cause confusion or misleading the correct identification of the user concerned.
5.1 The Client’s account will be valid from the moment of the subscription in the TURITOP reservation system, without prejudice to a trial period of fourteen (14) days from the subscription.
In case the Client exceeds the number of reservations through the Application contemplated in its Plan, it will be billed an additional monthly fee each time the contracted quota of reservations is exceeded.
5.2 The provisions of the previous section are understood to be beyond the possibility of suspension or interruption of the Service, during the duration of the contractual relationship between the parties, or the expiry and/or early termination of the same as provided for in these GCC and, where applicable, in the Individual Contract of which they form a member.
6.- Provision of contracted services.
6.1 TURITOP reserves the right to modify the commercial offer presented on the Website (modifications of products, prices, promotions and other commercial and/or service conditions), in its Policies and in its Terms and Conditions, including the present General Contracting Conditions.
Some of the Services offered by TURITOP are also governed by particular conditions, applicable depending on the type of service. In this case, the Client must accept unreservedly these particular conditions of the service contracted.
TURITOP reserves the right to cancel or interrupt the service if the Customer violates these General Terms and Conditions or the Particular Conditions of its Contracted Plan, as well as by legal demand.
6.2 The Service may be suspended temporarily or interrupted in the following cases:
- Delay or default in the payment of the Service, for a period of more than one month, counting from the date of payment agreed upon in accordance with the terms set forth for in the Individual Contract.
- Non-payment of the service.
- Any incident involving the correct and/or adequate personal use of the Service in the terms set forth in these GCC.
- Any incident regarding the effective concurrence of the Client in the necessary authorisations or requirements for the correct development of the activity it carries out, or the proper verification in this field.
- Any other breach of the Client’s commitments as described in these GCC and the Individual Contract to which they adhere.
6.3 The suspension and/or temporary interruption of the Service will be maintained until the monetary amounts pending to TURITOP are paid in full by the Client, or until any of the incidents or causes that led to the suspension or temporary interruption of the Service are resolved and/or clarified.
6.4 This temporary suspension or interruption may, depending on the case, at the discretion of TURITOP and at the Clients expense , result in the withdrawal of all, or part of the equipment, goods and other elements that make up the Service whilst the suspension situation to which this condition refers remains, and that, in the cases of reactivation of the Service, the Client would also assume the cost associated with the reinstallation that corresponds in each case. In no case shall the temporary suspension or interruption of the service give any right to any compensation whatsoever in the Clients favour.
7.- Customer services.
7.1 The Customer may inform of breakdowns, incidents, malfunctions or, general, issues related to the contracted services, through the control panel of TURITOP or by sending an email (firstname.lastname@example.org). The customer service by e-mail will be operational from Monday to Sunday except in cases of force majeure.
Additionally, TURITOP will offer to customers subscribed to the VIP plan telephone support, from 9:00 to 17:00 h. (Canary Islands time zone).
The support service by telephone will not be operational on Sundays or bank holidays in the municipality of Granadilla de Abona (Tenerife) except in cases of force majeure).
8.- Prices, invoicing, and payment.
8.1 The prices that appear on Turitop’s website will always be valid except for typographical errors and which will be informed as soon as these circumstances are noticed.
TURITOP will inform by e-mail to the Clients users (with the owner and administrator profile), of any modification of the applicable prices and with a notice of ninety (90) days to the date of effect.
The price of the service depends on the plan contracted by the Client and is subject to the number of reservations admitted in each plan.
If the Client exceeds the number of monthly reservations foreseen in the contracted plan, the amount of an additional monthly payment will be invoiced for each quota of reservations exceeded.
8.2 The Client will pay TURITOP for the Service contracted, the rates and price agreed in the Individual Contract.
TURITOP will issue a monthly invoice which will include a breakdown of the amounts corresponding to each of the contracted services, any discounts or promotions that may have been applied, as well as any taxes that are legally required.
The billing cycle will be monthly and, unless otherwise indicated, will refer to the Service received the previous month. However, the corresponding amount or outstanding balance may be invoiced and remitted for immediate collection when:
- the Service is suspended or interrupted as agreed in these GCC.
- the contract is terminated or cancelled.
In the event of a legislative, territorial, or interpretative modification issued with binding force by the corresponding regulatory body, the system managing the payment collection may be modified, and the Customer will be informed of this in writing.
The Customer must pay the invoices on their due date. Unpaid invoices will accumulate interest on the arrears equal to the legal interest rate and, furthermore TURITOP will charge the Client an additional amount of fifteen (15) euros as a result of the impossibility or inability of collection of the unpaid invoice as compensation for the damages that this situation has generated.
TURITOP may assign all or part of the collection of unpaid invoices to collection agencies and/or assign all or part of the credit to third parties, all under the applicable regulations.
8.3 TURITOP provides as a payment method the payment gateway, available on the website, through the use of debit and / or credit card offering the highest guarantees of confidentiality and security, in the authentication of online service purchases.
9.- Cancellation or freezing of the contracted service.
The Client may cancel or freeze their subscription to the service at any time and without any additional cost, provided that this circumstance occurs before the billing of the current month and, giving at least 15 days notice before the last day of the corresponding subscription. To do so, the Client must fill in the form provided for this at https://help.turitop.com/hc/es/articles/360015582519-Cancelar-congelar-cuenta-TuriTop, and which will be processed by TURITOP within a maximum of 72 hours.
10.- Intellectual and industrial property.
10.1 The Customer acknowledges and agrees to respect all the intellectual and industrial property rights held by TURITOP or by third parties concerning the Service and all the elements or goods that comprise this.
10.2 The provision of this service does not imply, either directly or indirectly, any transfer of any kind of intellectual property rights of the aforementioned computer application in the cloud to the CLIENT, these are expressly reserved to its legitimate holder. The Client may not assign, transfer, or sublease to third parties the rights and obligations arising from this contract, without the prior and express consent of TURITOP.
10.3 In the event of a breach of this clause in whole or in part, by the Client, the owner of such intellectual and industrial property rights, whether this being TURITOP or a third party unconnected to TURITOP, may take appropriate legal action in defence of its legitimate interests and rights, including claims for compensation, which must be paid by the Client for the total amount of damages caused directly or indirectly to the respective owner of the affected rights, including all the expenses incurred by the latter as a consequence of the above, amongst others, but not restricted to, all the expenses of legal representation, defence, expenses associated with the process and/or legal proceedings, expert reports, or any other applicable expense.
11.1 TURITOP will not assume any guarantees or responsibilities other than those expressly set out in these General Terms and Conditions, in the Specific Terms and Conditions, or in the regulations applicable.
TURITOP shall not be liable in any way in cases of force majeure or fortuitous events, nor shall it be liable for the lack or improper functioning and/or provision of the services rendered/offered by third parties outside TURITOP, including within the framework of the Service itself, excluding all legal liability in this field to the maximum permitted by Spanish law.
If TURITOP needs to halt the service for maintenance or the incorporation of new functions into the platform, it will notify the Customer, except in cases of force majeure, through an e-mail sent to the user with the profile of the owner or administrator of the platform fully informing of such circumstances; this, under no circumstances, will entitle the Customer to demand responsibility from TURITOP.
11.2 TURITOP shall not be liable for (i) any losses that are not a result of a breach caused by TURITOP, (ii) business losses (including loss of profit, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), of (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time the purchase of the Products and/or Services was made by both parties or (iv) any system error regarding the price of subscription, which will be communicated to the Client by TURITOP so that it can be rectified applying the corresponding price to the subscription selected by the Client.
Should the applicable Spanish legislation be modified in any way regarding the limits of liability or the exercise of rights by the Client, the legally established limits after the legislative modification will be applicable.
11.3 Furthermore, TURITOP shall not be liable for:
- Any delay or failure to comply with its obligations under these General Terms and Conditions if such delay or failure is attributable to circumstances beyond the reasonable control of TURITOP
- For the availability, accessibility, continuity and/or operation of the website.
- Of the use made by the Client regarding the contents and or existing services.
- Existing links, if any.
- The contents published by the Clients when they have an account in the Turitop reservation system.
- The cancellation of the service due to the fulfilment of a summons of the legal authorities or competent administrations.
11.4 TURITOP does not provide services to underage minors or to people who do not meet the Client requirements defined in these general contracting conditions.
12.- Modification of the Contracting conditions.
12.1 The Client will be subject to the terms and conditions, policies and Contracting Conditions in force at the time of contracting the service, unless a change in these terms and conditions, policies or these General Contracting Conditions is legally required.
Where required by law, these GCC may be amended. Similarly, these GCC may be modified by TURITOP at any time for legal, technical, organizational, operational, economic, service or marketing reasons. In such cases, TURITOP will inform the Customer in advance of such modification for their approval. If the Customer does not agree with the proposed changes, they may terminate the services without penalisation notifying TURITOP before the effective date of the changes through the contact details provided in these GCC.
12.2 The declaration of any of these GC as being void, invalid or ineffective shall not affect the validity or effectiveness of the other GCC, remaining binding for both parties. Similarly, the failure of TURITOP to exercise any action, right or condition contemplated in these GCC shall in no way constitute a waiver of them, unless acknowledged in writing by TURITOP in this regard.
13.- Data Protection.
TURITOP, S.L., as responsible for the treatment, will process the personal data of the Clients with the purpose of their registration management and to process the selected service subscription. The legal basis of the treatment is your consent so the lack of input of your data could mean the impossibility of processing your specific request and / or application in this field. Similarly, the Clients personal data will not be transferred to third parties, unless legally obliged to do so. There are no international transfers of your data foreseen.
14.- Termination of the contract.
14.1 These GCC will be terminated in the following cases:
- By cancellation of the contracted service.
- By delay and non-payment of the Service.
- Due to the temporary suspension and interruption of the service as a consequence of the Client’s failure to comply.
- For serious breach by the parties of any other contractual obligation or commitment set out in these GCC.
- For the supervening impossibility of Service provision.
- Due to the death, declaration of demise, dissolution, or extinction of any of the parties.
- Due to the concurrence of any other causes which, in coherence with the applicable Spanish legislation, which could determine such an extinctive and/or resolutory effect.
14.2 In the cases set out in letters b) and c), in addition to the sums owed, TURITOP may claim from the Client the interest and costs that arise because of such breaches. Similarly, if this is the case, TURITOP may claim damages from the Client that may have been incurred because of the situations related to in Section 13.1 of these GCC.
14.3 The termination of the Contract between both parties will also imply the definitive and immediate interruption of the Service, as well as the automatic return by the Client to TURITOP, or the organisation/s specifically indicated by TURITOP for this purpose, of the computer equipment, goods and other elements associated with the Service that the Client has in its possession and that it would have received from TURITOP within the framework of the Service, within a maximum of forty-eight (48) working hours and in the same conditions as they were received by the Client.
14.4 The extinctive or resolutory causes set out in section 13.1 of these GCC will be applied automatically, without the need for further communication or additional requirement to the Client by TURITOP.
15.- Jurisdiction and applicable law.
15.1 These General Terms and Conditions shall be governed by and interpreted according to Spanish law.
15.2 Any conflict arising from the interpretation or execution of the General Conditions of the Contracting will be submitted to the exclusive jurisdiction of the Courts and Tribunals of Santa Cruz de Tenerife to which each of the parties agrees to submit to these purposes, renouncing any other jurisdiction that may correspond to them.