Welcome to Thefunplan.com (“the Website”) which is operated by the Company The Fun Plan SL (the “Company” or “we”), with CIF B-86669728 and registered in the Madrid Mercantile Registry with TOMO : 30839 BOOK: 0 FOLIO: 41 SECTION: 8 SHEET: M555046. Registration: 0 annotation 1. The services we provide are those of a wholesale-retail online travel agency (jointly known as the “Company Services”), for which we have the relevant CICMA 2807 license.
The Company provides “the Website” and the “Company Services” for your personal enjoyment and entertainment. By visiting Thefunplan.com (whether you are a registered member or not) or by using the Company Services, you accept and agree to be bound by this Agreement (the Agreement) including any future modifications thereof and to comply with all applicable laws, rules, regulations (Applicable Laws). Please read this Agreement carefully. The company may modify this Contract at any time, and any modification will be effective once it has been posted on the website. If you continue to use Thefunplan.com or the Company Services once the aforementioned modifications have occurred, it will imply that you are accepting and agreeing to be bound by the Contract with its modifications. If you do not agree to be bound by this Agreement and to comply with all applicable laws, you must immediately stop using the Site and the Company Services.
Use of the Company Services is limited to users 14 years of age or older. All registered information you enter to create an account must be accurate and kept up to date. You are responsible for maintaining the confidentiality of your password and for all use of your account. Therefore, it is essential that you do not share your password with anyone. You are also obligated not to use the account, username, email address or password of another member or subscriber at any time. You agree to notify the Company immediately if you suspect any unauthorized use or access to your account or password.
The Company Services contain information, text, files, images, videos, sounds, musical works, works of authorship, applications as well as any other material or content (collectively the “Content”) of the Company (the Company Content). The Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between the Company and you, the Company owns and retains all rights in and to the Company Content and the Company Services. the company. Company hereby grants a limited, revocable, non-sublicensable license to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Company Services. . The Company Services may also contain Content from users and other Company licensors. Except as provided in this Agreement or as explicitly permitted in the Company Services, you may not copy, download, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or use any content appearing on or through the Company Services.
Except as explicitly and expressly permitted by the Company, the creation of works or materials (including, but not limited to, fonts, icons, link buttons, wallpapers, desktop themes, online postcards) is strictly prohibited , montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that are derived from or based on the Company's content. This prohibition applies regardless of whether the derivative works or materials are sold, exchanged or given away. You may not, either directly or through the use of any device, software, Internet site, web service or any other means, later remove, circumvent, avoid interfering with, or circumvent any copyright, trademark or other notices. ownership marked on the Content or any digital rights management mechanism, device or content protection or other access control measure associated with the Content, including geo-filtering mechanisms.
Use of Web services
The Company Services are provided to you only for your personal use and may not be used for commercial purposes [unless expressly approved or authorized by the Company]. The Company reserves the right to remove or modify commercial content at its sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, mail or otherwise make available on, through or in connection with the Company Services (collectively “User Content”). Therefore, please carefully choose the information you post on, through, or in connection with the Company Services. You understand that the Company does not control the User Content posted by users through the Company Services and, therefore, you understand that you may be exposed to offensive, indecent, inappropriate or otherwise Content. The Company does not assume responsibility or liability for this type of Content. If you are aware or aware of this misuse of the Company's Services, please report it immediately to the Company at the e-mail firstname.lastname@example.org. Company assumes no responsibility for monitoring the Company Services for inappropriate Content or conduct. If at any time, Company decides in its sole discretion to monitor the Company Services, Company assumes no responsibility for content other than Company Content, assumes no obligation to modify or remove inappropriate Content, and does not is responsible for the conduct of any user.
Purchases of services or products in The Fun Plan
The Company neither warrants nor accepts any liability for any loss or damage whatsoever, in relation to or in connection with an order for a Product from the Site with the Processor. In such cases the Processor will be responsible for said orders. You are solely responsible for any and all transactions conducted using your Personal Financial Information, including, but not limited to, any and all expenses/charges. You know and agree that in the event that the Processor suffers a data theft that affects your Personal Financial Information, the Company will under no circumstances be liable to you for any breach.
You acknowledge and agree that the Company reserves the right to charge subscription fees for any part of the Company Services. The Company will notify you 15 days in advance of any fees that are incorporated, including any change in the amount of said fees, and how to cancel your account [account or subscription] in the event that you do not wish to pay the modified fee. If you continue to use the Company Services after the subscription fee has been increased, you expressly agree to the increase in the aforementioned fee and will be responsible for paying said subscription fee for the balance of your subscription. If the Company suspends or terminates your account and/or access to the Company Services because you have breached the Agreement or violated Applicable Laws, you will not be entitled to a refund of any unused portion of such fees and other payments.
In accordance with the provisions of current regulations on Protection of Personal Data, we inform you that your data will be incorporated into the processing system owned by THE FUN PLAN SL with CIF number B86669728 and registered office at PASEO DE LA CASTELLANA, 194 28046 , MADRID, with the purposes of (1) meeting the commitments derived from the contract signed between both parties and (2) managing the reservation of your trip. In compliance with current regulations, THE FUN PLAN SL informs that the data will be kept for a legally established period.
With this clause you are informed that your data will be communicated if necessary to: hotels, airlines, renting companies, banks and savings banks, public administrations and all those entities with which communication is necessary, for the purpose of comply with the provision of the aforementioned service.
Failure to provide the data to the aforementioned entities implies that the provision of the services object of this contract cannot be fulfilled.
In turn, we inform you that you can contact the Data Protection Officer of THE FUN PLAN SL, by writing to the email address email@example.com or by telephone 902877192.
THE FUN PLAN SL informs that it will proceed to process the data in a lawful, loyal, transparent, adequate, relevant, limited, exact and updated manner. That is why THE FUN PLAN SL undertakes to adopt all reasonable measures so that these are deleted or rectified without delay when they are inaccurate.
In accordance with the rights conferred on you by current regulations on the protection of Personal Data, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition, by directing your request to the postal address indicated above or to via email ADMIN@THEFUNPLAN.COM.
You may contact the competent Control Authority to present the claim you consider appropriate.
Lastly, THE FUN PLAN SL informs that with the purchase of any service offered on this website you grant explicit consent for the processing of the data mentioned above.
This agreement remains in force and effect during your use of the Company Services. You may cancel your Thefunplan.com account or subscription at any time, for any reason, by email to firstname.lastname@example.org or by writing to us at Paseo de la Castellana 194-1º, 28046 Madrid. The Company may terminate your account and/or access to the Company Services at any time, for any reason or no reason, with or without notice or explanation without liability. Furthermore, even after your user account or access to the Company Services is terminated, this Agreement will remain in effect. You hereby agree that the account is non-transferable and any rights attached to your account terminate upon your death.
This agreement remains in force and effect during your use of the Company Services. You may cancel your Thefunplan.com account or subscription at any time, for any reason, by email to email@example.com or by writing to us at Paseo de la Castellana 194-1º. 28046 Madrid.
The Company may terminate your account and/or access to the Company Services at any time, for any reason or no reason, with or without notice or explanation without liability. Furthermore, even after your user account or access to the Company Services is terminated, this Agreement will remain in effect. You hereby agree that the account is non-transferable and any rights attached to your account terminate upon your death.
You agree not to use the Company Services to:
– Post, upload or otherwise transmit or link Content that is: unlawful, threatening, harmful, abusive, pornographic or that includes nudity; offensive, harassing, excessively violent, tortious, defamatory, invasive of another's privacy, advertising, copyright, trademark, patent, trade secret, contractual or otherwise, false or misleading; obscene, vulgar, slanderous, hateful, or discriminatory;
– Violate the rights of others including patents, trademarks, trade secrets, copyrights, privacy, publicity or other rights.
– Harass or harm another person.
– Exploit or endanger a minor.
– Impersonate or attempt to impersonate any person or entity.
– Introduce or participate in activities that involve the use of viruses, robots, worms or any other computer code, file or program that interrupts, destroys or limits the functionality of any software or hardware or telecommunications equipment, or that otherwise allows unauthorized use of or access to a computer or computer network;
– Harmfully interfere with, disable, disrupt, alter, create an undue burden on, or obtain unauthorized access to the Company Services, including the Company's servers, your networks, and your accounts.
– Cover, remove, disable, block or hide advertisements or other parts of the Company Services;
– Use technologies or any automated system, such as scripts or bots, with the purpose of collecting usernames, passwords, email addresses or other information from the Company Services, or to avoid or modify any security technology or software that is part of the Company Services.
– Send (directly or indirectly) unsolicited mass messages or other unsolicited mass communications of any kind through the Company Services. In the event that you do the above, you acknowledge that you will be causing substantial damage to the Company, but that the amount of such damage will be extremely difficult to measure. As a reasonable estimate of said damages, you agree to pay the Company thirty euros (€30) for each effective or intended beneficiary, in relation to said communication;
– Request, collect or require any personal information for commercial reasons or for illicit purposes.
– Publish, upload or transmit an image or video of third parties without the consent of said person.
– Participate in a commercial activity (including, but not limited to, sales, contests or sweepstakes) without the prior written consent of the Company;
– Use the Company Services to advertise or promote competing services.
– Use the Company Services in a manner inconsistent with any or all applicable laws;
– Tempt, facilitate or encourage others to do any of the above.
The Company reserves the right, but assumes no obligation or responsibility, to remove User Content that violates this Agreement, as determined by the Company in its sole discretion. You acknowledge that the Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company's sole discretion, violates this Agreement, including but not limited to, terminating your user account. and/or report such User Content, conduct or activity, to the appropriate legal authorities.
You will comply with the specific rules and regulations of any contest or promotion in which you participate on or through TheFunPlan.com. Unless we communicate otherwise, all prizes and contests offered via the Site are not open to people residing outside of Spanish territory.
The Company does not claim any ownership rights in any User Content that you post, upload, mail, transmit or otherwise make available on, through or in connection with the Company Services; However, such User Content must not include any Content posted by the User that is already owned by the Company or any of the Group Companies. By posting any User Content on, through or in connection with the Company Services, you hereby grant to the Company as well as the Group Companies, licensors and authorized personnel, a perpetual, non-exclusive, fully paid , royalty-free, sub-licensable, transferable (in whole or in part) a worldwide license to use, modify, extract, adapt, create derivative works and compilations based on said content, publicly perform, publicly display , reproduce and distribute such User Content on, through or in connection with the Company Services or in connection with any type of distribution or syndication with the Third Party Services (as defined below) and or through any type of format currently known or to be developed, for any type of purpose, including but not limited to, promotional, marketing or commercial. The Company's use of such User Content will not require additional notification to you and such use will be made without the need to obtain permission or make a payment to you, or any other person or entity. The Company reserves the right to limit the ability of User Content that you post on, through or in connection with the Company Services.
You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Company Services, or that you otherwise have the right to grant the license set forth in this Section. , and (ii) that postings of User Content made by you on, through or in connection with the Company Services and any Third Party services (as defined below) do not violate privacy rights, rights of publicity , copyright, contractual rights or any other type of right, of any person or entity. Additionally, you agree to pay all royalties, fees and other monies due to any person or entity for the use of any User Content posted by you, on or through the Company Services or Third Party Services.
Copyright and other intellectual property rights
The Company respects the intellectual property rights of others, and asks that our users do the same. You must not upload, post, post, post, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other intellectual property rights of any person or entity. The Company has a policy of terminating repeat infringers of the Company Services in appropriate circumstances.
If you believe that any material posted on or linked to the Site infringes your copyright, please send the Company's Copyright Agent (see below) a notice of infringement containing the following information: (a) Identification of the material claimed to have been infringed, or, if multiple protected works are covered by a single notification, a representative list of such works; (b) identification of the infringing materials and information reasonably sufficient to enable us to locate the infringing material on the Company Services (such as the URL(s) of the infringing material); (c) information reasonably sufficient to permit us to contact you, such as: your address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that use of the material in question is not authorized by the copyright owner, agent or regulation; (e) a statement from you that the information in your notice is accurate, as well as a statement that you are the exclusive owner of the rights that are allegedly infringed or that you are authorized to act on their behalf. of the owner of the referred rights; and (f) your physical or electronic signature. The notification of infringement of rights made to The Fun Plan can be accessed through: The Fun Plan SL, Paseo Castellana 194-1º 28046 Madrid. Additionally, notification of infringement to the Company's Copyright Agent can be made via email at firstname.lastname@example.org.
Third Party Links and Services
If you are interested in creating a hypertext link with TheFunPlan.com you must contact The Fun Plan SL before doing so. To establish a hypertext link, you must not refer in any way, explicitly or implicitly, that you receive the endorsement, sponsorship or support of TheFunPlan.com or the Company, including from the workers, agents, directors, officers or shareholders of this last referred to.
Disputes between users
You are solely responsible for your interactions with other users of the Company Services, suppliers or Third Party Services, as well as other third parties with whom you interact with, through or in connection with the Company Services. The Company reserves the right, but does not assume the obligation, to become involved in any such disputes.
Privacy and Cookies Policies
The Company Services are provided “AS IS” AND “as available” and the Company does not guarantee or promise any specific results from the use of the Company Services. The Company expressly disclaims all warranties or conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement. In particular, the Company does not warrant that your use of the Company Services will be uninterrupted, timely, secure or error-free, or that information obtained by you on, through or in connection with the Company Services or Third Party Services (including, but not limited to, through User Content or third party advertisements) are accurate and reliable. Under no circumstances will the Company be liable for any loss or damage, including but not limited to property damage, personal injury or death, resulting from the use of the Company Services, technical problems or malfunctions in in connection with your use of the Company Services, attendance at a Company event, any material downloaded or otherwise obtained in connection with the Company Services, any User Content, third party advertisements or Third Party Services. Third parties posted on, through or in connection with the Company Services, or by the conduct of any user of the Company Services, whether online or offline. Your use of User Content, third-party advertisements, Third-Party Services, as well as goods or services provided by third parties is at your own risk and responsibility. User Content, third-party advertisements, and Third-Party Services do not necessarily reflect the opinions or policies of the Company.
Limitation of liability
UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, WHETHER INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS (DIRECT OR INDIRECT DAMAGES) (DIRECT OR INDIRECT) ARISING FROM YOUR USE OF THE COMPANY'S SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE ABOVE, AND IN THE EVENT OF A SITUATION OTHER THAN THE ABOVE REFERRED TO OCCUR, THE COMPANY'S LIABILITY TO YOU, FOR ANY CAUSE AND REGARDLESS OF THE FORM OF THE ACTION, WILL IN ALL CASES BE LIMITED TO THE AMOUNT PAID , IF THERE IS THE SAME, BY YOU TO THE COMPANY FOR THE USE OF THE COMPANY'S SERVICES AND DURING THE PERIOD OF TIME THAT YOU HAVE MADE USE OF THEM. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT THE COMPANY'S LIABILITY FOR DEATH OR PERSONAL INJURY, CAUSED BY THE COMPANY'S NEGLIGENCE OR ANY OTHER LIABILITY, TO THE EXTENT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
This Contract will be regulated and interpreted in accordance with Spanish laws, without taking into account the principles of conflicts of laws. You and the Company agree to submit to the jurisdiction of the courts and tribunals of Madrid to resolve any controversy that may arise between them in relation to this Contract or the Company's Services.
You agree to indemnify and hold harmless the Company, its Group Companies, its subcontractors, and other partners, as well as their agents, partners and workers, against any loss, liability, claim or demand, including but not limited to, reasonable attorneys' fees, caused by any third party due to or resulting from your use of TheFunPlan.com or the Company Services, your breach of this Agreement, your violation of any rights from third parties or for any Content you have posted or otherwise entered on, through or in connection with the Company Services.
The Company may, from time to time, post job opportunities on the Company Services and/or invite users to submit their resumes. If you choose to provide your name, contact information, resume and/or other personal information to the Company in response to the job listing, you authorize the Company to use such information for all legal and legitimate recruiting and employment purposes. Furthermore, the Company reserves the right, at its sole discretion, to share the information provided to its Group Companies for legal business purposes. Nothing provided in this Agreement or in the Company Services will constitute a promise/commitment on the part of the Company to contact, interview, hire any person who provides such information. Nor does anything provided in this Agreement or in the Company Services constitute a commitment by the Company that it will review all or part of the information provided by users of the Company Services.
The fact that the Company does not exercise or enforce any of the rights or provisions provided for in this contract will not imply that it has waived said rights or provisions. The titles of the sections of this Agreement are for greater understanding only, and do not have the same legal or contractual effects. The Company is a trademark of [insert]. This Agreement applies to the fullest extent permitted by law. If any provision of this Agreement is unlawful, void or unenforceable, such provision will be deemed separately from this Agreement and will not affect the validity and enforceability of the remaining provisions.
For any questions regarding this Contract, please contact us at: email@example.com.
I HAVE READ THIS AGREEMENT AND ACCEPT ALL THE STIPULATIONS PROVIDED FOR IN IT AND ABOVE REFERRED TO.