TERMS AND CONDITIONS OF USE
These general terms and conditions of use govern the access to and use of the contents and services within the website www.theplayacollection.com (hereinafter referred to as the “Web Site” or “Web"), except for any contents and/or services that are offered by a third-party provider’s website which may be accessed from the Web Site by users via a link but are not within TPC’s control or operation (“Linked Sites”). By clicking on these links, you will leave the Web Site and access the Linked Sites. Access to the Linked Sites is provided solely for users’ convenience and informational purposes and any contents and/or services offered by a Linked Site shall be governed by such Linked Site’s terms of use.
The legal entity in charge of creating, implementing, managing and operating The Playa Collection membership program is responsible for this Web Site (“TPC”).
These general conditions must be understood without prejudice to the specific booking conditions set out in the Web Site or a Linked Site.
For merely using the Web Site, you acquire the status of user of said Web Site (the “user” or “users”). Use of the Web Site and of any of its services means acceptance as a user, without reservations of any kind, of each and every one of these general conditions and of the specific conditions that, where appropriate, govern the use of the Web Site or the services tied to it.
TPC may, at any time and without prior notice, modify the presentation and configuration of the Web Site as well as these general conditions, and introduce new conditions of use. These modifications will be published on the Web Site so that users may know them before proceeding to use the Web Site. Using the Web Site once the general conditions have been modified shall mean that said user accepts the general conditions that have been thus modified.
User Obligations
By using the Web Site, users declare that they are over eighteen years old. In order to use the Web Site, minors must obtain prior permission from their parents, guardians or legal representatives, who will be considered responsible for all acts performed by the minors under their care.
Users undertake to generally use the Web Site, as well as the services tied to it diligently, in accordance with the law, morality, public order and the provisions of these general conditions, and with the applicable specific conditions. Users must likewise abstain from using them in any way that could impede the normal operation and enjoyment of the Web Site and the services tied to it by users, or that could injure or harm the assets and rights of TPC, of its providers, of its users or in general of any third party.
More specifically, but without this list limiting the general scope of the obligation set out in the previous paragraphs, users, in using Web Site and the services tied to it, undertake to:
(a) Not to introduce, store or spread via the Web Site or via any of the services tied to it any computer program, data, virus, code, or any other instrument or electronic device that is capable of causing damage to the Web Site, in any of the services tied to it or in any computers, systems or networks of TPC or the operator of the Web Site, of any users, of its providers, or in general of any third party, or that would otherwise be able to cause any type of alteration or impede the normal operation of the Web Site.
(b) Not to use false identities or impersonate others in using the Web Site or any of the services tied to it, including the use, if applicable, of the passwords or access codes of third parties or in any other way.
(c) Not to conceal or falsify in any way the origin of electronic mail messages; not to intercept, delete or modify the electronic mail messages of other users, or send bulk e-mails.
(d) Not to destroy, alter, render useless or damage the data, information, programs, or electronic documents of TPC, its providers or third parties.
(e) Not to use the content, particularly the information obtained through the Web Site, to send advertising, to send messages for the purposes of sale or for any other commercial purpose or to collect or store third parties’ personal data.
(f) Not to introduce or spread any information or content that is, obscene, threatening, that incites violence, that incites discrimination or that in any way violates morality, public order, fundamental rights, political freedom, honor, intimacy, third parties' images or reputation in general the current legislation.
If any user believes that there are facts or circumstances revealing the illegality of the use of any content and/or of the carrying out of any activity on the Web Site or accessible through the Web Site, they should notify TPC addressing an e-mail to travel.concierge@myplayacollection.com
Intellectual and Industrial Property
Users acknowledge that all the elements of the Web Site and of each of the services provided through it, the information and material contained on it, the structure, selection, organization and presentation of its content and the computer programs used in connection with it are protected by the intellectual and industrial property rights of TPC or of third parties, as appropriate.
Unless authorized by TPC or, where appropriate, by third parties holders of the corresponding rights, or unless lawfully allowed, users cannot reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available or allow public access to through any mode of public communication of any of the elements referred to in the previous paragraph. Under no circumstances shall it be understood that any license is granted or that said rights are partially or fully renounced, transferred or assigned, or that any right or expectation of right has been conferred, and, in particular, the right to alter, exploit, reproduce, distribute, or communicate publicly about said contents without the prior express permission of TPC.
Users must use the materials, elements and information accessed through the Web Site and each of the corresponding services solely for their own needs. Users are obliged not to directly or indirectly carry out a commercial operation of services, materials, elements, or information obtained through the Web Site or each of the corresponding services.
Users must refrain from eliminating the identifying signs of intellectual, industrial or any other type of property rights of TPC or of third parties appearing on the Web Site and in each of the diverse services offered through it. Likewise, users must refrain from voiding or manipulating any technical devices established by TPC or by third parties, whether on the Web Site, in any of the services, or in any of the materials, elements or information obtained through it, for the protection of its rights.
Passwords
Registered users must keep passwords for accessing restricted content under their own responsibility in the most strict and absolute confidentiality, thus assuming whatever damages or consequences of every kind deriving from breaching or revelation of the passwords. For reasons of security, the password for telematic access to the services linked to the Web Site may be modified by users at any time.
Services and Products
All the reservations available through third-party suppliers booking engines for the travel options selected by the Users, are managed by the respective third-party suppliers and not by TPC, the latter being released from any responsibility for such concept.
Third-party suppliers may establish their conditions and privacy policies applicable to the service or product requested, and such conditions and policies will have to be agreed by TPC.
Third-Party Links and Hyperlink Policy
Unless otherwise specified in these Terms, Users are not allowed to create a hyperlink to this Web Site from their web site or the Linked Sites or provide any links that suggest or imply any sponsorship or endorsement of your web site or the Linked Sites by us or the Providers.
Disclaimer of Warranty
TPC undertakes to make all necessary efforts to guarantee the availability and continuity of the Web Site and the services tied to it. However, TPC cannot guarantee that the Web Site and the services tied to it will work correctly at all times, or that users will be able to access them and use them quickly or continuously. Similarly, TPC does not concede any guarantee with respect to the suitability and the contents of the Web Site or of any of the services tied to it for the satisfaction of the users’ specific needs.
TPC shall act diligently according to general uses accepted in the sector in order to avoid the presence on the Web Site or in any of the services tied to it, of viruses or other harmful elements that could cause alterations in users’ computer systems, electronic documents or files. For the abovementioned, TPC cannot guarantee the absence of such elements and is not responsible for damages they may cause.
TPC does not control, make their own, or guarantee the accuracy, quality, accuracy, reliability or suitability of the information and services provided or rendered by third parties through the Web Site. Similarly, TPC does not control or guarantee the absence of viruses or other harmful elements in the contents or services provided or rendered by third parties through the Web Site.
TPC does not guarantee the technical availability, quality, reliability, accuracy or truthfulness of the content and services available on Linked Sites. TPC does not control the content of said Linked Sites nor offer or commercialize the products and services available on the web sites linked to it, nor assumes in consequence any responsibility for them.
The Web Site is used at the users’ own risk. Therefore, TPC is not liable for possible damages resulting from interference, interruptions, computer viruses, telephone breakdowns or telephone disconnections due to causes beyond their control; nor for delays or blockages in the use of this electronic system caused by deficiencies or overloading in its data processing center, of telephone lines, in the Internet system or in other electronic systems; nor for any other alteration that could occur in the users’ Software or Hardware.
Likewise, TPC shall not be held liable for damages caused by third parties through unlawful interference beyond their control. Nor shall TPC be held liable for damages caused by use or misuse of the Web Site’s content or for consequences that could arise from errors, defects or omissions in the content provided by third parties that may appear on this Web Site, being the chosen Hotel the third party for these purposes.
Settlement
Without prejudice to the liability for damages that may arise, TPC can immediately and without prior notice resolve and terminate the relationship with users, cutting off their access to the Web Site or to its corresponding services, if TPC detects a use of them or of any of the services tied to them that goes against the general or specific conditions that are applicable.
Users shall be held liable for damages of any kind that TPC or any of their affiliates may suffer directly or indirectly as a consequence of breach of any of the obligations stemming from the general or specific conditions in connection with the use of the Web Site or of any of the services tied to it. Likewise, users shall hold TPC harmless from any sanction, claim or lawsuit that could be brought by a third party, including any government bodies, against TPC, its employees or agents, as a consequence of the violation of any rights of third parties by said users through the use of the Web Site or of the services tied to it in a way that is contrary to the provisions of the general or specific conditions that are applicable.
Applicable Law and Jurisdiction
These general conditions are governed by the laws of the United States of America. TPC and the user, expressly waiving any other jurisdiction, subject themselves to the Courts of the user’s legal residence for any dispute that may arise from use of the Web Site.
Any services offered through Linked Sites are subject to their own respective terms and conditions. TPC and the user acknowledge that these Linked Sites have their own governing rules, and any disputes or issues related to such services shall be resolved according to the terms and conditions set forth by those third parties.
If the user’s legal residence is outside the United States of America, TPC and the user subject themselves, expressly waiving any other jurisdiction, to the Courts of the United States of America.