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Terms of Use

General information

This page, its content and infrastructure, and the accommodation reservation management service that we provide on this page and through this website belong, are managed and provided by KOMODOREBOT SL (hereinafter “Komodore”). Throughout the website, as well as in the Komodore App and in any of the products that the company offers (hereinafter when talking about the website or the Komodore website, we will be referring to all the platforms on which Komodore provides its services and all the information contained therein), the terms “we”, “us” and “our” refer to Komodore. Komodore offers this website, and the user is conditioned on accepting all the terms, conditions, policies and notifications established here.

By visiting our website, and / or purchasing any of our products, you participate in our “Service” and agree to the following terms and conditions (“Terms of Service”, “Terms”), including all additional terms and conditions and the policies referred to in these Terms, as well as the policies and conditions available through hyperlinks. These terms of service apply to all Komodore users, including users who are browsers, providers, clients, and / or collaborators, without this list serving as a limitation.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are accepting the Terms of Service. If you do not agree to all the terms and conditions, you should not access the website or use any of our services.

Any new features or tools added to our product and service offering will also be subject to the Terms of Service. You can review the updated version of the Terms at any time on this page. Komodore reserves the right to update, change or replace any part of the Terms of Service by posting updates and / or changes on our website. It is the user’s responsibility to review these Terms periodically to check for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

These terms have been drafted in accordance with the provisions of current applicable regulations on the Internet, electronic commerce and data protection, among others.

Section 1 – General conditions

You may not use Komodore products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws. You must not transmit worms, viruses or any code of a destructive nature.

In addition to the aforementioned prohibitions, the use of the website or its content is prohibited: (a) to ask others to carry out or participate in illegal acts; (b) to infringe or violate the intellectual property rights of Komodore or third parties; (c) to harass, abuse, insult, harm, defame, slander, discredit, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (d) to present false or misleading information; (e) to collect or track personal information of others; (f) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of the Service.

We reserve the right to suspend use of the Service or any related website for violating any of the prohibited uses items.

The breach or violation of any of these Terms will give rise to the immediate cessation of the Services and the exercise of the legal actions and compensation that are necessary.

Komodore reserves the right to refuse the provision of the Services to anyone, for any reason and at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without the written permission of Komodore.

The titles and headings used in the writing are included for convenience only and do not limit or affect these Terms.

Section 2 – Accuracy of the information

Komodore is not responsible if the information available on this website is not accurate, complete or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without prior consultation of more accurate, complete or timely information.

This website may contain certain historical or past information. Such information is not necessarily current and is provided for your reference only. Komodore reserves the right to modify the contents of this website at any time, but does not undertake to update the information. You agree that it is your responsibility to review and verify changes to our website.

Section 3 – Modifications to the service and prices

The prices of our services are subject to possible variations without the need for prior notice. Likewise, Komodore reserves the right to modify or suspend the Service (or any part of it) at any time without prior notice.

Komodore is not responsible to you or to a third party for any modification, price change, suspension or discontinuance of the Service.

Section 4 – Products and services

Certain services may be available exclusively at Komodore’s discretion. These products or services may be subject to return or exchange in accordance with our “Return Policy”.

All product descriptions or services prices are subject to change at any time and without notice, at Komodore’s sole discretion. Komodore is not responsible for the expectations about its products and services generated on this website or through our commercial communication campaigns and does not guarantee that errors in the Service will be corrected. Komodore reserves the right to discontinue any product at any time. Any offer of a product or service made on this website is void where it may contravene the laws.

It may happen that there is information on the Komodore website or in the content of the Service that contains typographical errors, inaccuracies or omissions that may be related to product descriptions, prices, promotions, offers, transit time and availability. Komodore reserves the right to correct such errors, inaccuracies or omissions at any time without prior notice.

Section 5 – Refund policy

Komodore is a company that offers its services under a subscription model, the client pays a fee periodically (monthly or annually) in exchange for services that are provided once payment is received. Once the customer enters the payment data (card number, expiration date and any other information necessary for the transaction to be processed), he gives his consent to Komodore to make the relevant charges through said payment method.

It is the client’s responsibility to monitor and review their billing period and the next charge to be made, so that if they do not wish to continue with the service, it is said client who must cancel the service, or else the next charge will be will be carried out and no right to refund will be generated, since once the payment has been made, Komodore’s services will be available for use by the client during the remaining subscription time.

However, Komodore reserves the right to reimburse by studying the specific case and always attending to objective and fair reasons, such as a fall in the service that does not allow cancellation of the subscription or bank card plagiarism.

Section 6 – Accuracy of billing and account information

You agree to provide current, complete and accurate information regarding your account details, billing information, contact information and other information necessary for the proper functioning of the Services. You agree to update your payment information (card numbers, expiration date, etc.), so that we can complete your transactions.

Section 7 – Optional tools and third party links

We may provide you with access to third-party tools / platforms over which we have no control or input. You acknowledge and agree that we provide access to these types of tools “as is” and “as available” without warranties, representations or conditions of any kind and without any endorsement. We will not have any responsibility derived from or related to the use of tools provided by third parties. Any use that you make of such optional tools offered through the website is at your own risk and discretion and you should ensure that you are familiar with and accept the terms under which these tools are provided.

Certain content, products, and / or services that Komodore offers may include material from third parties. There are third party links on this website that may redirect you to websites that are not under our control. We are not responsible for examining or evaluating the content or accuracy and we do not guarantee and will not have any obligation or liability for any third party material.

Section 8 – Personal information

The treatment of personal information by Komodore is governed by our Privacy Policy. The data entrusted to Komodore will be treated confidentially and will be incorporated into the respective files for which KOMODOREBOT SL (with registered office at C Carrer Torres i Amat, 21, 1 – 08001 Barcelona, NIF B67270983) is responsible, once the user has given their express consent.

By means of said consent, Komodore obtains permission to collect guest data for the sole purpose of registering them on the platforms intended for this purpose by the State Security Forces and Corps, becoming the data Processor, and the user who owns the accommodation is the data Controller. To formalize this treatment order, Komodore and the user must sign a treatment order contract.

Regarding the previous paragraph, Komodore informs the owners of the accommodation that they must offer guests a privacy policy indicating what data will be processed and for what purpose, and establishing that Komodore is the data Processor and themselves (owners of the accommodation) are the data Controller.

The treatment of the personal data of the users carried out by Komodore, is carried out in accordance with the provisions of Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, under development of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which it repeals Directive 95/46 / CE, as well as any other provision that aims to develop that body of legislation.

Section 9 – Limitation of liability

Subject to the limitations set forth in these Terms and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid for or incurred by you due to a deficiency attributable to Komodore’s obligations with respect to the services that the company offers.

However, and to the extent permitted by law, neither Komodore nor any of its directors, employees, representatives, affiliated companies, distributors, licensees, agents or others involved in the creation, sponsorship, promotion of Komodore and its content will be responsible for (a) untimely interruptions, errors or suspensions, (b) the accuracy and reliability of the data, (c) any direct, indirect, incidental or consequential damages of any kind, including, but not limited to, loss of revenue, loss of data, replacement costs or any similar damage, whether by tort (including negligence), direct liability or otherwise, arising from the use of any of the services or products purchased through the Service, or for any other claim related in any way with the use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) published, transmitted or made available through the Service, even if such possibility is reported. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions, Komodore’s liability will be limited to the maximum extent permitted by law.

In the use of the Platform, it is the responsibility of the user (a) to verify the information on the identification of the guest by any means that he considers and that is in accordance with current regulations, (b) to comply with the necessary conditions to guarantee the accurate reading of the scan of the guest ID, (c) and comply with the possible additional requirements in the guest registry that the legislation may establish and that are not included in the services provided by Komodore.

Section 10 – Compensation

You agree to indemnify, defend and / or hold harmless Komodore, its subsidiaries, affiliates, partners, employees, directors, agents, contractors, dealers, service providers and subcontractors, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or as a result of your breach of the Terms or of the conditions and policies incorporated herein by reference, or the violation of any law or the rights of a third party.

Section 11 – Divisibility

In the event that any provision of these Terms is determined to be illegal, void, or unenforceable, such provision will be deemed separate from these Terms, and such determination will not affect the validity of the other provisions.

Section 12 – Law

These Terms and any other condition, policy or agreement under which Komodore provides its services will be governed and interpreted in accordance with Spanish law and, following the order of priority of the rules established in Spanish law, in accordance with the autonomous regulations of Catalonia and to the local regulations of the city of Barcelona.

Section 13 – Contact

Any question about the Terms of Service should be referred to toktok@komodore.co.

Section 14 – Language

The language applicable to these Terms is Spanish. Any version of the same in a different language is offered for the User’s convenience and to facilitate their understanding. However, these Terms will always be governed by their Spanish version.

In case of contradiction between the Terms in any language and its Spanish version, the Spanish version will prevail.

Last update January 2021.

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