Legal Statement

This website belongs to smilo destination management S.L. hereinafter referred to as smilo destinationmanagement- a legally-constituted Spanish company, wholesale-retail travel agency, based in LaOrotava (S.C. Tenerife) 38300 (Spain), Molinos de Gofio, 10 , tax identification code B38966966.

The smilo destination management product, shall be sold exclusively to whole sale travel agencies (hereinafter referred as CLIENT) and by visiting, using or ordering from the website www.smilodm.com,the CLIENT expressly consents and agrees to be bound by smilo destination management terms and conditions, legal statement and privacy policy, and to follow all applicable laws and regulations governing thiswebsite and reservation transacted via www.smilodm.com.

smilo destination management shall be able to offer accommodation services, transfer, excursion, ticket, groupspecial offers, car rental and other destination services through smilo destination management website, subject toestablished contract conditions and general conditions stated on the web and according to prices and cancellationconditions displayed when making each reservation, depending on prevailing conditions, availability and other factors.The website will inform you about the procedure for making reservations.

This legal statement and privacy policy are an integral part of our website, which cannot be separated from the generalcontracting conditions, operations or reservations.

The use of our website indicates complete acceptance, without exclusion, of the conditions contained in these clausesand it is a prove of express consent to contract the service booked.

The CLIENT may only use the website to make legitimate enquiries or bookings for yourself or another person for whomyou are legally authorised to act. The CLIENT shall not:

  • Post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal, or may cause an infringement of the rights of any other.
  • Make any other unauthorised, false or fraudulent booking.
  • Use any software, routine or device to interfere or attempt to interfere electronically or manually with theoperation or functionality of this website including but not limited to uploading or making available filescontaining corrupt data or viruses via whatever means.
  • Deface, alter or interfere with the appearance and layout of this website or the underlying software code.
  • Take any action.

Non-disclosuren

Total or partial disclosure of any of the confidential information to which the CLIENT may have access to third partyindividuals or companies by means of contracting and performance of its services shall be expressly prohibited.

The CLIENT guarantees that its employees, customers, suppliers, sub-contractors and any other parties related to theagreements between smilo destination management and the CLIENT fulfil the confidentiality commitmentscontained in this document. The required measures must be adopted for such purpose and the CLIENT shall beresponsible for any claim or damages caused by the non-fulfilment of this obligation.

The CLIENT undertakes to fulfil these confidentiality commitments from the date this agreement is signed and tocontinue to do so whether the relationship between the parties is in force or not.

Confidential information

Confidential information shall be deemed as any information or data, whether or not it has been drawn up in hard orsoft copy or in any other support that is already in use or that could be invented in the future, which each party notifiesor provides to the other or that the latter may have access to with or without the knowledge and/or express consent ofthe other party.

Therefore, confidential information shall be deemed as the following and will include, but not be limited to: any databases and prototypes created from the documents provided, proprietary management software, computer systempasswords, information on users, telephone numbers, fax numbers, email addresses, addresses of offices, agencies,departments and headquarters, computer programs, copies, Jlc, routines, sources, functional and organisationalanalysis, know-how, formulae, processes, ideas, inventions (whether patentable or not), financial data anddevelopment plans, strategies, the contents of any bids that may be made and any other supporting documents, dataor material belonging to smilo destination management or available in its website that the CLIENT may haveaccess to, telephone numbers, fax numbers, email addresses, addresses of residences, signatures, ID or passportcopies, credit card details, personal preferences, disabilities, or any special dietary or religious requirements or anyother information related to the final consumer and the accommodation establishment or service supplier may need toaccess to only for the purpose of completing your reservation and for the purposes of associated administration.

Under no circumstances may the following be considered as confidential information:

Any information that is contained in public bibliography or that may become public knowledge, unless itbecomes public knowledge due to a breach of the agreement by one of the parties.

  • Any information or know-how provided by third parties.
  • When disclosure is required by law.
  • Disclosure of any information at the request of Courts or Tribunals.
  • Information referring to economic data or any other kind that must be submitted to the State, local orautonomous authorities due to tax or labour requirements and administrative contracts.

Ownership and other rights

Ownership

The CLIENT acknowledges and agrees that any element and intellectual property rights pertaining thereto (includingwithout limitation all copyrights, patents, trademarks, service marks and trade secrets) in smilo destination management website (including without limitation its terms and conditions, rules, policies and operating procedures,and smilo destination management Confidential Information -as defined above-, received or acceded are theexclusive property of smilo destination management or its suppliers.

The CLIENT acknowledges and agree that, except hereby stated, you will not acquire any right or interest in theinformation or data acceded and that smilo destination management shall remain the sole owner of theinformation or data including, but not limited to all patent, copyright, trademark, trade name, contract, industrialdesign, and other property rights pertaining thereto, anywhere in the world.

All trade marks, copyright, database rights and other intellectual property rights in the materials on this website (aswell as the organisation and layout of this website) together with the underlying software code are owned by smilo destination management or its suppliers. The CLIENT may not copy, modify, alter, publish, broadcast, distribute,sell or transfer any material on this website or the underlying software code whether in whole or in part without smilo destination management prior written permission.

Contents

The CLIENT hereby commits to not copy, reproduce, modify, transmit, sell, lease, market nor disclose to third partiesthe contents (and/or any of its elements) provided/displayed by smilo destination management.

The CLIENT shall not be held liable for inaccuracies or errors in the accommodation contents or any of its elements.

The CLIENT acknowledges and agrees that the sole disclosure of or access to the information or data available in thiswebsite does not constitute an offer by smilo destination management for the sale, license or other transfer ofsuch elements.

Contents disclaimer

The information on this site is posted in good faith but smilo destination management cannot guarantee that it iscompletely free from inaccuracies and typographical errors and does not accept liability for any error or omission onthis site. The information on the hotels and other services provided by smilo destination management is accurateas possible given that the data is provided by the service supplier; smilo destination management is not liable forany inaccuracies in the information if shown to be different from that provided by the service supplier.

Links on smilo destination management website to third party websites may exist for information purposes only.Such sites are independent from smilo destination management, which is not responsible for and does notendorse the material contained therein.

In no event shall smilo destination management be liable for any direct, indirect, special, punitive, exemplary orconsequential losses or damages of whatsoever kind arising out of access to, the use of this website or any informationcontained in it or the inability to access to, including loss of profit and the like.

Accommodation establishments and other suppliers of services on this site are independent businesses and are notagents or employees of smilo destination management or its affiliates. Therefore smilo destination management and its affiliates are not liable for any acts, omissions, breaches or negligence of any such suppliers orany damages or expenses resulting from the aforesaid. smilo destination management and its affiliates are notliable for any refunds in the event of overbooking or force majeure or any other cause beyond their control.

To the maximum extent permitted by law, smilo destination management disclaims all implied warranties withregard to the information, services and materials contained on this website. All such information, services and materialsare provided "as is" and "as available" without warranty of any kind.

Links

Links on smilo destination management to third party websites may exist for information purposes only. Suchsites are independent from smilo destination management, which is not responsible for and does not endorse thematerial contained therein.

In no event shall smilo destination management (and/or affiliates) be liable for any direct, indirect, special,punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, the use of thiswebsite or any information contained in it or the inability to access to, including loss of profit and the like.

Information posted in the website

The information on the hotels and other services provided by smilo destination management is accurate aspossible given that the data is provided by the service supplier; smilo destination management is not liable forany inaccuracies in the information if shown to be different from that provided by the service supplier.

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