Condiciones Legales
GENERAL CONDITIONS
Through www.mihoteltuhotel.com / www.myhotelyourhotel.com / www.meuhotelseuhotel.com(herinafter, "THE WEBSITE"), everybody with the status of owner and/or authorized personnel (hereinafter “THE USER”) will be able to find contents related to information and images of the registered hotels with the purpose of showing their intention of carrying out exchanges of stays.
With that purpose, the USER will subscribe to the website for a minimum period of one year, and he should pay for the subscription (membership) with either a fee or a cession of a 5 nights stays at their facility for the exchange (“exchange”) to be able to access the Services. The user must enter the information requested by the WEBSITE in the enrollment form and by doing so, the WEBSITE reserves the right to reject such subscription. The USERS must pay the subscription FEE immediately after enrolling and right after the yearly period of subscription expires for those who are already members.
EXTENT AND RESPONSIBILITY OF THE WEBSITE:
The WEBSITE is a platform that can be managed by the registered USER, through which he will have access, once the TERMS OF USE are accepted, to a section where he will be able to load the information of his lodging facility and images. This is done with the purpose of offering an exchange of stays for free with other registered users.
With this purpose, the WEBSITE manages automatically through its software, installed both in a server and online, such information given by the registered USERS, so that they can choose among their preferences who to contact and with whom they would like to carry out the exchange of stays, in a private manner through e-mails.
For that reason the only and exclusive responsibility, without any exceptions, of the WEBSITE is to maintain the functioning of the auto-manageable system, so that the USERS can access without any issues the WEBSITE. The only reason why the access of the website might be suspended temporarily would be due to an act of God or to external causes.
The WEBSITE does not hold any responsibility for any loses or damages or any kind of issue that may arise, independently of the cause, including but not limited to direct or indirect losses, and we will not have any obligation to pay any money for compensation, including but not limited to responsibilities related to: incorrect, inaccurate, misleading, incomplete or untrustworthy information shown on the WEBSITE; or for interruption, delays in the update of the information or the elimination of any aspect or characteristic of the WEBSITE.
Non compliance with obligations from a USER that has used the WEBSITE;
There will be penalties for all USERS pertaining the right to intellectual property of a third party as a result of using the WEBSITE;
Any kind of loss or damage caused by a virus, corrupted program or software or any other malware that could affect the USERS’ computer, software, data or any other belongings caused by people that access the WEBSITE or by e-mails or attached files, both ours or from our licensees;
The availability, the quality, the content or the nature of other websites that belong to and are operate by third parties that work with us, or any transaction that involves external websites (this includes cookies, personal data, confidential information or purchases of domain names). You have to contact the administrator or webmaster of such external websites if you have any concerns regarding such links, websites or transactions;
The ending of the Agreement by us, in any way;
We do not guarantee that the functioning of the WEBSITE will be constant or free of errors.
We will not be responsible for any non compliance by virtue of this Agreement, if such non compliance is related to the occurrence of any unexpected eventuality outside of our control, including but not limited to power outages, communication outages, fire, flood, war, terrorism or acts of God.
The USER accepts that the extent of the responsibility of the WEBSITE is that described above, and he declines to file any type of complaints that are not specifically related to the working of the auto-managed system.
Every USER that uses the WEBSITE accepts without condition all and each of the terms including in these TERMS AND CONDITIONS OF USE (hereinafter “TERMS OF USE”) and accepts to comply with them without objections. If you do not agree with any of the TERMS OF USE, do not use this service.
EXCHANGE: If the USER decides to pay with an exchange, the stays will be free for use by the WEBSITE, with a previous verification of the availability with the USER. Thus, the WEBSITE will be able to use the stays for personal use, for their employees, as a payment to their providers and to market them to make effective the payment of the corresponding annual fee for the MEMBERSHIP. The USER accepts with conformity the terms of transference and the payment through the exchange, and the uses that the WEBSITE decides to give to it.
It is specifically clarified the fact that the TERMS OF USE are mandatory and binding.
The WEBSITE has the right to modify, change or update the TERMS OF USE, under their own discretion, at any time. Such modifications will be in force as of the moment that they are published online, and its application will be immediate. The USER will be notified by operation of law just because they will be public and uploaded to the internet.
By using this WEBSITE after such modifications, you are accepting that you will be subject to the modifications, changes or updates done to the Terms and Conditions of Use, with no right to file any claims related to them.
Conditions of access and use of the WEBSITE:
The use of any of the services of the WEBSITE implies the condition as a USER of that who is performing the action.
The access and use of the WEBSITE involves general information that is considered public (it does not involve a previous subscription or registration on part of the USER) and private information regarding the registered hotels (which require the registration of the USER).
In order to register to the WEBSITE, the USER will have to complete a Registration Form with his personal information, and he should include his corporate e-mail address and a password. The USER accepts to choose, use and maintain his password in a diligent manner and to keep it secret and protected from third parties.
USE OF THE WEBSITE
The user acknowledges and accepts that the use of the contents and/or services offered by the WEBSITE are under their own and exclusive risk and/or responsibility.
The USER accepts to use the WEBSITE and all of its contents and Services in compliance with the law, the moral, the public order and these TERMS OF USE, that apply. In addition, the USER agrees to use the Services and/or contents of the WEBSITE appropriately and not to use them for illegal activities or any type activities punishable by law, which are against the right of the other and/or that are against the regulations of intellectual and industrial property or any order legal regulations that apply
PARTICULARILY, the USER agrees to:
Do not enter or spread in the network data programs (virus and harmful software) that could potentially cause damages to the computer systems of the access provider, his own providers in turn or to third parties that are USERS of the internet network.
Do not transmit advertising or advertising materials, “spam e-mails”, “chain letters”, “pyramidal structures” or any other form of solicitation.
Do not enter or spread any information and contents that are fake, ambiguous, unseasonable or inaccurate in a way that could lead to mistakes on the part of the recipients of the information.
Do not replace other USERS using their registration passwords for the different Services and/or contents of the WEBSITE.
Do not send Spam e-mail to the parties making offers and do not offer directly, publish or create a data base with the personal information of the third parties. Do not use any mechanism, software or routine to prevent or to try to prevent the adequate functioning of the WEBSITE or any other activity that the Site is carrying out.
Do not carry out any actions that involve an excessive or out of proportions load to the infrastructure of the Website.
Do not disclose or share their password with third parties or use their password for any non authorized purposes.
Do not try to decode, decompile or obtain the source code of any software that involves or constitutes part of this Website.
SERVICES IN PARTICULAR:
It is hereby stated that the WEBSITE has the following services:
Registration: A micro-site through which the USERS will be able to upload photos of their hotel and publish the data to offer it.
It is strictly clarified that is absolutely forbidden to use this information for commercial purposes.
It is specifically clarified that the information from the USER showing in the WEBSITE, can only be used to carry out the stay exchanges with other USERS, and they cannot be under any circumstances used for other activities unrelated to the purpose of the WEBSITE.
For that reason, the USERS state and agree that they will make no claims, either at a court or otherwise, for this as they have accepted these terms of use through the registration form
It is specifically clarified that the WEBSITE will control the technical quality of the photos, and the website will be able to improve technical aspects, if it is necessary.
It is specifically clarified that the WEBSITE is not responsible for the arguments or inconveniences that may arise among the USERS or of any unsatisfactory situation that may arise from the relationships among the USERS, as the WEBSITE only exhibits the data and photos loaded by the USERS and under their own responsibility.
It is specifically clarified that the photos the USERS load are public just as the general information of the Hotel that was selected to be managed as public. For registered USERS only, the personal data, name of the hotel and any other information that the USER has uploaded to show the other USERS of MyHotelYourHotel will be kept as private.
It is specifically clarified that the WEBSITE has got the right to terminate those Hotels that did not comply with the established method of payment as agreed, to keep their membership.
COMMUNITY:
The USERS will be able to upload photos, vote and comment their experiences within the hoteliers community.
In addition, they will be able to start private conversations among them, which will not be seen by other people who are not participating in such conversations, as they will remain within the PRIVATE environment of the intervening USERS.
When the USER or visitor registers to or navigates the website, he provides personal information and he consents to such information being kept in our data base. This will be electronically protected with the most complete and efficient computer security mechanisms to maintain its total confidentiality, as per Law number 25,326 of Habeas Data, however, the USERS may access this information and request for it to be deleted.
(http://www.jus.gov.ar/datospersonales/pdf/ley_ 25326.pdf), is the website for the National Board of Personal Information Protection, of the Justice, Safety and Human Rights Ministry, the organization that regulates such law (http://www.jus.gov.ar/datospersonales/).
It is specifically clarified that the hotels that have completed the registration, through a registration form, will be considered registered hotels, for which THE WEBSITE will consider such registration as an authentic request from the owner/s of the hotel to offer it and publish it for the stays exchange.
MyHotelYourHotel is not responsible for the enrollment and/or use of the service of unauthorized people, the publishing, truthfulness and accuracy of the information and contents that are provided to the WEBSITE, nor of the changes that those could undergo.
It is specifically clarified that the WEBSITE does not check the information, content and images uploaded by the USERS, as they only and exclusively provide a place for the publishing of the information.
For that reason, the USERS acknowledge that the WEBSITE, is not responsible for the quality and truthfulness of the information supplied by the USER.
The USER accepts full responsibility towards the WEBSITE and third parties for any damages and or harm produced as a consequence of their own behavior or their dependent's or third parties who logged in with their USER and those that are a result of the misuse of the Service.
The USER will have to answer for any payment claims that could arise,
The WEBSITE will have the right to extend or improve the services provided without having to communicate this previously. The same applies to the change of the media or routes used for providing the service.
The WEBSITE will not be responsible for the adaptation of the Services that it provides to the real needs of the USER.
The WEBSITE will not be responsible for the damages and harm caused by fault or fraud of the third parties due to the providing of the services that they depend upon.
THE WEBSITE will not be responsible for the damages, modification of the information or interferences of the system or networks, product or behavior of third parties.
THE WEBSITE will not be responsible for the accuracy and trustworthiness of the information published by the USERS. The content of such information will be exclusive of the USERS.
STATEMENT:
THE USERS specifically understand, accept and agree with the fact that: THE WEBSITE may have mistakes;
THE WEBSITE will not be responsible for any damages or harm both direct and indirect, including damages resulting from the loss and/or deterioration of information and/or the use of THE WEBSITE;
every time the WEBSITE, which only is an auto-manageable data base, feeds from the information supplied by the own registered USERS.
The use of THE WEBSITE and internet in general involves accepting risks of potential damages to the USER'S software and hardware.
For that reason, the equipment through which the USER access the website could potentially be attacked and damaged by hackers, who could also access the information kept in such computer belonging to the USER, and such could be removed, stolen and/or damaged. For that reason the USER forfeits the ability to file claims about these issues.
The exchange of information through the internet involves the risk of having such information caught by a third party.
The WEBSITE will not be responsible for the consequences that the USER could potentially suffer as the result of a such a situation.
The WEBSITE does not have the obligation of keeping the information that had once been made available by the USER, or that was sent by him or her.
DURATION AND TERMINATION OF THE CONTRACT
Your condition as USER, if not canceled by you or us, will be automatically renewed at the end of the Subscription Period, which is 1 year from the moment the payment of the membership fee is made effective.
THE USER is able to cancel his membership at any time by contacting the WEBSITE and notifying his decision of canceling his membership to the e-mail address info@mihoteltuhotel.com.
In every case, the USER that cancels his membership before the annual due date will not have the right to obtain a refund or any percentage of the subscription fee that was paid towards the whole Period of the Subscription.
CANCELLATION
By accepting this agreement, the USER is in full knowledge and agreement with the fact that the WEBSITE has the complete right to terminate the Contract and/or eliminate, cancel or suspend his access and use without refunding the subscription fee, if there are any non compliance on part of the USER pertaining any of these terms and conditions of for non payment of the annual subscription fee.
For this reason, the WEBSITE will notify the USER through the registered e-mail at the time of enrolling about the situation with a final period of 7 calendar days for him or her to return his or her situation to normal.
Once the 7 calendar days period is over and if the situation was not resolved, THE WEBSITE will proceed to cancel the membership without further procedures, taking into account that the period given in the present clause has expired.
CHANGE OF CONDITIONS
THE WEBSITE can modify at any time its relevant terms and conditions, policies or notifications.
The USER acknowledges and accepts that by visiting the WEBSITE, he will have to comply with the current version of the terms and conditions, which means that all other previous versions will be replaced by the current one.
The USER will be responsible for checking the current version each time he visits THE WEBSITE.
CESSION
THE WEBSITE has the right to transfer and/or sell, the entirety or a part of the ownership of the website without the previous approval or consent of the USERS.
INTELLECTUAL PROPERTY
All the author rights, design rights, rights to registered designs, rights to the data base, patents, and any other rights on inventions, know-how, commercial and business names, commercial secrets and commercial brands (both registered or not) and for that any existent application within THE WEBSITE or its contents are exclusive property of the WEBSITE. All of these rights are confirmed and reserved. The use of THE WEBSITE does not give any rights to the USER as regards to our intellectual property rights.
THE USER will not be able to, without any limitations, copy, reproduce, republish, download, publish, spread, record, trasnmit, modified or distribut the contents or materials that exist in THE WEBSITE or the code that makes up THE WEBSITE for any purposes that are not exclusively the accessing and use of the Services provided.
Applicable law and competent court:
These TERMS OF USE and the regulations that complement it will be regulated by the laws of the Republic of Argentina, and the competent court for any controversy that may arise will be that of the National Court pertaining to the Commercial affairs, which is located in Capital Federal in the Republic of Argentina, and any other regional laws or jurisdictions that could apply are specifically left out.
All the notices and communications that have to be extended under these TERMS OF USE, shall be done in WRITTEN:
TO THE USER: The e-mail account entered in his activation and registration form:
TO THE WEBSITE: To the e-mail account info@miohoteltuhotel.com. The people who use the Services of THE WEBSITE, just by using them accept as a matter of law each and all of the regulations contemplated in these TERMS OF USE, without any reservations.