coming2

GENERAL TERMS OF USE OF THE COMING2 WEBSITE

1.- GENERAL CONSIDERATIONS

1.1. The terms and conditions below regulate access to and use of the Website http://www.coming2.com/en/ (hereinafter, the Website), operated and used to provide information society services by the legal entity COMING2 DESTINATION MANAGEMENT, S.A. (hereinafter, COMING2), holder of Tax ID No. (NIF) A76599471, with registered address at Plaza Mediterráneo 5, 07014, Palma de Mallorca, Balearic Islands, Spain. Registered in the company register of Palma de Mallorca, Volume 2614, Folio 74, Page PM-76366, Entry 2.

1.2. The term "Website" includes but is not limited to data, text, graphics, images, animations, musical creations, videos, audio, drawings, photographs, brands, trade names, domain names and others included therein and, generally, all the creations, whether original or not, expressed by any means or on any medium, tangible or intangible, regardless of whether or not they are subject to protection under the current Intellectual Property Act or any other industrial property law.

1.3. Accessing the Website means that Users acquire a series of rights and obligations to ensure they can properly use the services and contents included therein, which COMING2 offers Users free of charge.

1.4 Users understand that they access and use the services and contents on the Website under their own responsibility.

1.5. "User" status is acquired by accessing the Website. Users will only use the services and contents for private purposes and/or due to their legal relationship with COMING2, excluding any subsequent use thereof for profit or benefit, whether direct or indirect.

1.6. COMING2 informs Users of the following general terms of use, which they expressly and fully accept by simply accessing the Website and/or viewing the contents or using the services contained on the Website.

If these general terms are replaced in full or in part, these new general terms will be understood to be equally accepted. However, Website Users must regularly check these general terms to understand the subsequent versions included herein, although we recommend Users read them any time they access or user the Website services and contents.

Should Users not accept these general terms or the specific terms that regulate the use of a specific service and/or content designed for Website Users and set by COMING2, they must refrain from accessing the Website and/or using the services available.

1.7. COMING2 may establish any specific terms to regulate the use and/or contracting of specific services offered to Users on the Website. COMING2 may also enable third-party entities to advertise or offer their services via the Website. In these cases, COMING2 shall not be responsible for establishing the general and specific terms for using, providing or contracting these third-party services and thus shall not be considered liable for them.

1.8. Users must set the appropriate technical security measures to avoid unwanted actions in their information system, files and computers used to access the Internet, and particularly the Website. They must be aware that the Internet is not totally safe.

2. PURPOSE OF THE WEBSITE

2.1. Through the Website, Users can use the contents and services offered by COMING2 or, as appropriate, by third-party suppliers under the terms set for them.

2.2. COMING2 is a company that operates incoming agency services via this Website, offering free information on its tourist products and services and the chance to contract different incoming "business to business" services.

2.3. The services and contents offered via the Website will generally be available in Spanish and English. Nevertheless, COMING2 may offer these in the other official regional languages and in another European Union language.

2.4. COMING2 may unilaterally and without notice modify the Website provision, settings, content and services, as well as the terms of use and access to the services provided, notwithstanding the provisions of the specific terms regulating the use of a specific service and/or content. Users will be solely responsible for the cost of telephone access or other connection expense for accessing the Website, if any.

3. PROCESSING USERS´ PERSONAL DATA

3.1. COMING2 guarantees the confidentiality of the personal data provided by Users, which will be processed according to current legislation on personal data protection: Organic Law 15/1999, of 13 December, the Personal Data Protection Act (hereinafter, the LOPD) and Royal Decree 1720/2007, of 21 December, which approves the implementing Regulation of the LOPD (hereinafter, the RDLOPD). Personal data collected through the Website will be included in one or various processes or files owned by COMING2.

3.2. For this reason, prior to providing personal data, COMING2 will provide Users with information on the processing content in accordance with article 5 of the LOPD, without prejudice to the User's right to access the Privacy Policy. Said information will allow Users to give their informed, specific and unequivocal consent for COMING2 to process their personal data.

4. USER RIGHTS AND OBLIGATIONS

4.1. Users may: (i) access the Website contents and services free of charge and without prior authorisation, notwithstanding the technical and specific terms or the need to register for specific services and contents as determined in these general terms or in the specific terms of such services; (ii) use the services and contents available solely for the Users' private use with prior authorisation from COMING2, notwithstanding the provisions of the specific terms, if any, that regulate the use of a specific service and/or content designed for COMING2 customers; (iii) Users may download a single copy of the Website for offline viewing for personal, non-commercial purposes; and (iv) use the Website correctly and according to current legislation, morals, decency and public order.

4.2. Users may not: (i) access or use the Website services and contents for actions that are unlawful or breach current legislation, morals, decency and public order; to violate third-party rights and freedoms; or in a way that can damage, impede or prevent access thereto in any way, to the detriment of COMING2 or to third parties; (ii) use the services in full or in part to promote, sell, contract or disseminate their own or third-party advertising or information without prior, written authorisation from COMING2; (iii) include information on the Website or use existing services to infringe, directly or indirectly, the rights of other Website Users or COMING2, particularly fundamental rights and public freedoms; to provoke or encourage actions that are illegal, xenophobic, terrorist or degrading based on age, sex, religion or beliefs; or that is pornographic, obscene, violent or violates the law, morals or decency. For this purpose, information includes but is not limited to: texts, graphics, images, videos, audio, drawings, photographs, data, notes, etc.; (iv) include hyperlinks to this Website on their private or commercial Websites that are not limited exclusively to accessing the homepage; (v) use the services and contents offered on the Website in a way that breaches the general terms of use and/or the specific terms that regulate the use of a specific service and/or content, or that infringes or impairs the rights of other Users; (vi) take any action that prevents or hinders User access to the Website, or hyperlinks to the services and contents offered by COMING2 or third parties via the Website; (vii) use any type of computer virus, code, software, programme and IT or telecommunications equipment that may cause unauthorised damage or alterations to the contents, programmes or systems available through the services or contents provided on the Website, or to the information systems, files or computer equipment of Users; or unauthorised access to any Website contents and/or services; (viii) delete or modify in any way the protection or identification devices of COMING2 or legitimate owners that may contain contents hosted on the Website, or the symbols that COMING2 or legitimate third-party holders of rights include in their creations on this Website that are subject to intellectual or industrial property; (ix) include "metatags" for brands, trade names or logos owned by COMING2 on Websites managed or owned by them; (x) reproduce this Website in full or in part on another Website; create frames to this Website or other Websites accessible therefrom that hide or modify (including but not limited to) content, advertising spaces and brands of COMING2 or third parties, regardless of whether they are actions of unfair competition or confusion; (xi) create frames on a Website managed or owned by them that reproduce the homepage, and/or pages accessible therefrom, of this Website without prior authorisation from COMING2; (xii) include on a Website managed or owned by them a hyperlink that opens a window or a session of the browser used by the Website User that includes brands, trade names or logos owned by them and that shows the homepage of this Website or any page accessible therefrom; (xiii) use the brand, trade names or any other symbol subject to intellectual or industrial property rights without the prior written authorisation of the owner; and (xiv) take any action to reproduce, distribute, copy, lease, disclose, transform or any similar action to modify or alter, in full or in part, the contents and services of the Website, or to profit therefrom, without the prior written authorisation of COMING2 or the third-party owner of the intellectual and industrial property rights for the Website services and contents, except as provided in these general terms or the specific terms, if any, regulating the use of a service and/or content on the Website.

5. RIGHTS AND OBLIGATIONS OF COMING2

COMING2 reserves the following rights: (i) modify the terms to access the Website, whether technical or not, unilaterally and without prior notice to Users, notwithstanding the provisions of the specific terms regulating a specific service and/or content designed for Website Users; (ii) establish specific terms and, where appropriate, set a price or other requirement to access certain services and/or contents; (iii) limit, exclude or restrict User access when there is no guarantee they will use the Website correctly according to the obligations and prohibitions undertaken; (iv) terminate a service or content with no right to compensation when it is unlawful or it infringes the terms set therefor, notwithstanding the provisions of the specific terms regulating the use of a specific service and/or content designed for Website Users; (i) modify, delete or update all or part of the contents and services offered on the Website without prior notice, notwithstanding the provisions of the specific terms regulating a specific service and/or content designed for Website Users; (vi) take any legal action necessary to protect the rights of COMING2 and third parties offering their services and contents on the Website, as appropriate; and (vii) require compensation from any improper or unlawful use of all or part of the services and contents provided on the Website.

6. COMING2 DISCLAIMER AND LIMITATION OF LIABILITY

6.1. COMING2 is exempt from liability for damages of any kind in the following cases: (i) when it is impossible or difficult to connect to the communications network used to access the Website, regardless of the type of connection used by Users; (ii) when access to the Website is interrupted, suspended or cancelled, as well as the availability and continuity of operation of the Website or the services and/or contents thereon, when due to causes beyond the control of COMING2, whether direct or indirect; (iii) COMING2 accepts no liability for the services and contents, or the availability and terms of access, whether technical or not, offered by third-party service providers, particularly regarding information society service providers. Information society service providers are the individuals or legal entities who provide the following services to the public: (a) transferring data provided by the service recipient via a communications network, (b) providing access to said network, (c) data storage or hosting services, (d) supplying content or information, (e) temporary copying of data requested by Users, (f) providing links to contents or search engines; (iv) COMING2 accepts no liability for damages caused by the information, contents, products and services (including but not limited to) provided, notified, hosted, transferred, displayed or offered by third parties outside COMING2, including information society service providers, via the Website accessible by a link to this site; (v) for the processing and subsequent use of personal data provided by third parties outside COMING2, or the relevance of the information requested by them; (v) for the quality and speed of access to the site and the technical terms to be met by Users in order to access the site, its services and/or contents; (vi) COMING2 will not be held liable for any delays or faults in the access and/or operation of the services and/or contents of the Website due to force majeure; (vii) Website Users will be personally liable for the direct or indirect damage of any kind caused to COMING2 for breaching any of the obligations arising from these general terms or any other rules governing the use of the Website.

7. SERVICES PROVIDED BY THIRD PARTIES VIA THE WEBSITE

7.1. COMING2 does not guarantee the legality, reliability and use of the services provided by third parties via this Website, or those for which COMING2 merely acts as an advertising channel.

7.2. COMING2 will not be liable for the damages of any kind caused by the services provided by third parties via this Website, particularly but not limited to those caused by: (i) breaching the law, morals or public order; (ii) inserting a virus or any other IT code, file or programme that can damage, interrupt or impede the normal operation of any software, hardware or telecommunications equipment; (iii) infringing intellectual or industrial property rights, trade secrets or contractual commitments of any kind; (iv) taking any actions classed as illegal, false or unfair advertising and, in general, classed as unfair competition; (v) the lack of truth, accuracy, quality, relevance and/or timeliness of the contents transferred, distributed, stored, received, obtained, provided or made accessible; (vi) infringing the right the honour, personal and family privacy and image of persons or, in general, any type of third-party right; (vii) the unsuitability for any purpose and unfulfilled expectations, or faults and defects that may arise in relation to third parties; and (viii) infringement, delayed compliance, faulty compliance or termination for any cause of the obligations undertaken by third parties and contracts entered by third parties.

8. INTELLECTUAL AND INDUSTRIAL PROPERTY

8.1. Users understand that the contents and services offered via the Website, including but not limited to texts, graphics, images, animations, musical creations, videos, audio, drawings, photographs, any comments, exhibitions and HTML code, are protected by intellectual and industrial property law. Copyright and economic rights for this site belong to COMING2 and/or third-party entities.

8.2. The brands, trade names and logos included in this Website belong to COMING2 or, as appropriate, third-party entities, are protected by current industrial property laws.

8.3. Providing services or publishing contents via the Website does not mean in any way that COMING2 and/or legitimate third-party holders assign, waiver or transfer, in full or in part, ownership of the relevant intellectual or industrial property rights.

8.4. Under no circumstances may Users use the services and contents on the Website in a way that is not exclusively personal, unless otherwise set forth in these general terms of use of this Website or in the specific conditions established by COMING2 to regulate the use of a specific service and/or content offered via this Website.

8.5. No part of this Website may be reproduced, distributed, transferred, copied, disclosed, transformed, in full or in part, using any manual, electronic or mechanical system or means (including photocopying, recording or any information recovery or storage system), using any means known to date or invented in the future, without the consent of COMING2. Any use of all or part of the Website content is subject to the need to request prior authorisation from COMING2 and/or legitimate third-party owners, and acceptance of the relevant licence, if any, except for the provisions set forth on the rights granted to Users in these general terms, or as determined in the specific terms established by COMING2 to regulate the use of a specific service and/or content offered via the Website.

9. HYPERLINKS

The use of hyperlinks to this Website may only be authorised by COMING2 in writing and provided the hyperlink is created as provided in these terms: (i) the link must only allow access to the Website homepage; (ii) to avoid confusing Website Users, no page from this Website may be loaded onto the sections of another Website divided into frames, thus distorting how this Website is presented and confusing Internet Users ("framing"); (iii) authorisation to insert a link does not entail, in any way, consent to reproduce the visual and functional aspects ("look and feel") of this Website; (iv) creating a browsing environment or toolbar on the pages in this Site without prior authorisation is also explicitly prohibited; (v) appearance of the link: the hyperlink may only contain text. A licence to use graphics and logos must be obtained in advance from COMING2. In any case, the text must categorically state that it links to this Website. The overall appearance, visual effect, location and general characteristics of the hyperlink must show that it leads to the COMING2 Website, that it is independent and has no working or any other type of relationship, collaboration, association or sponsorship with the Website containing the hyperlink; (vi) any Website containing a hyperlink to the COMING2 Website must respect there General Terms of Use of this Website. They must be fair and lawful hyperlinks and meet any applicable legal provisions, and generally accepted moral and decency standards; (vii) specifically, authorisation to insert hyperlinks to this Website will be subject to respect for human dignity and freedom. The Website containing the hyperlink shall not contain any information or contents that are unlawful, that breach moral standards, decency and public order. Neither will it contain content that infringes any third-party rights; (viii) finally, hyperlinks to this Website may not be inserted on Websites with content, allusions or position that is contrary to or incompatible with those that inspire the COMING2 Website.

10.- COOKIES

COMING2 may use cookies when Users browse the Website. These cookies will be used by COMING2 under the terms and for the purposes described in its Cookie Policy

11. DURATION

The access, contents and services offered via the site are initially for an indefinite period. However, COMING2 is authorised to terminate or suspend access, services and/or contents at any time, without notwithstanding the related provisions in these General Terms or, where appropriate, the Specific Terms regulating the use of a specific service and/or content designed for Website Users.

12. FULL AGREEMENT

12.1. These general terms contain all the terms agreed by COMING2 regarding their purpose and any statements, commitments or promises, whether verbal, written or implied, prior to these terms will be considered as non-existent.

12.2. Should COMING2 not demand at any time compliance with any of the terms set forth in these general terms or, as appropriate, the specific terms regulating the use of a specific service and/or content designed for Website Users, it may not be interpreted by Users as it waiving subsequently required compliance.

13. REVOCATION AND CANCELLATION

If any of these general terms or, as appropriate, specific terms regulating the use of a specific service and/or content is null or voidable, in full or in part, this will not affect the validity of the remaining terms, which will remain in force unless the party claiming it should be revoked or cancelled proves that without the null or voidable term the purposes of these terms may not be met.

14. LEGISLATION

These general terms are governed by Spanish legislation.

15. JURISDICTION

The parties expressly and unequivocally waive their own jurisdiction and submit to resolve any disputes or controversies arising from the use, services and/or products contained on this Website to the Courts of Palma de Mallorca.

Copyright © www.coming2.com

Head office  Plaza Mediterráneo nº 5   07014. Palma de Mallorca - SPAIN  T +34 971 787 000 

coming2@coming2.com  AVBAL/672