Este texto está vigente desde el Thursday, November 18, 2021Versión anterior
1.1 - These General Conditions of Contract (CG) will be applied, in default of other particulars expressly agreed, to the hiring by the organizers of registrations (hereinafter, manager) of sporting events (here in after, EVENT), of the System service of On-Line Event Management (hereinafter, SERVICE) offered through the website www.avaibooksports.com (here in after, WEBSITE) or any other belonging to AVAIBOOK, developed and marketed by AvaiBook on-line S.L.U., with CIF: B99279622 and registered office at Plaza de las Cortes 2, 5ª planta, 28014 - Madrid (Spain), registered in the Mercantile Register of Madrid (Spain), tomo 44.413, folio 88, hoja M-782676, Inscripción 2, fecha 22/12/2022 (here in after AVAIBOOK).
1.2 - The use of the SERVICE implies the acceptance of all the terms established in these GC. The hiring of the service for individuals is limited to adults, responding to the customer of the accuracy of the data provided.
1.3 - The contractual relationships derived from the registration in Events of the Organizer through the SERVICE, regardless of whether it is provided from the WEBSITE or from the MANAGER's own website, are understood to be productions exclusively between the MANAGER and the Inscribed, so AVAIBOOK You will not have more responsibility for these laws than the general applications of this service (Registration Terms).
1.4 - Any breach of the obligations contained in these GC will entitle AVAIBOOK to withdraw the MANAGER access to the SERVICE, withdrawing access codes, canceling orders, or even eliminating any resource published by the MANAGER on the WEBSITE, at its discretion..
2.1 - The SERVICE consists of a series of technological tools through the internet (described in the WEB SITE and available to the MANAGER) that AVAIBOOK offers to the MANAGER so that it can manage in a simple and optimized way various tasks of the EVENTS. Among others and in an explanatory and non-binding way, it includes:
2.2 - The contractual links related to the EVENT and to the inscriptions to it exist only between the participant and the MANAGER. Therefore, AVAIBOOK offers exclusively a TECHNICAL SERVICE to the MANAGER, without intervening in any case of mandatory form (AVAIBOOK reserves the possibility of helping the MANAGER in different tasks of configuration of the EVENT and also in some concrete management, always at the request of the MANAGER) in the organization of the EVENT in any of its facets, and therefore declining any responsibility that could be derived beyond the operation of the technological tool. It is the obligation of the MANAGER to inform the participants about their right of objection in relation to the respective laws in force.
2.3 - The MANAGER authorizes AVAIBOOK, during the time in which this contract is valid, to process the registration payments through the different payment gateways that AVAIBOOK has available and have been accepted by the MANAGER.
2.4 - From AVAIBOOK we offer the MANAGER our help and technical support through email y otras herramientas de comunicación como WhatsApp, through routes always visible through the WEBSITE, to resolve the questions posed in the shortest possible time, siempre dentro del horario habilitado para ello.
3.1 - Obligations of AVAIBOOK:
3.2 - Obligations of the MANAGER. The MANAGER will act loyally and in good faith, obligating in particular to:
4.1 - The registration of the MANAGER on the WEBSITE is free and only the use of the REGISTRATION MANAGEMENT SERVICE, as well as any module explaining an explicit cost (such as SMS communication), is for a fee.
4.2 - The MANAGER must establish the price of the different registration modalities. And for each registration to a payment method the SERVICE has a cost (defined in the Private Zone of the MANAGER, section "My Rate") that may include: (i) a fixed cost in euros, (ii) a percentage commission on the price of the registration, and (iii) a cost according to the payment gateway through which the payment of the registration occurs (only in case of on-line registration).
4.3 - The MANAGER must pay the costs for registration even if the EVENT is canceled or suspended.
4.4 - The costs mentioned in point 4.2 (i and ii) must be paid even for registrations managed through the system and without having been paid through the channels offered by AVAIBOOK.
4.5 - Remuneration for additional products or services through AVAIBOOK is governed by the current price list or shown when using the respective services on the WEBSITE. Unless otherwise provided in these general conditions, AVAIBOOK has the right to charge commissions in addition to the V.A.T. in force.
4.6 - Chargeback (CBs) managment costs: Avaibook reserves the right to apply a management cost, which in any case will be notified to the CUSTOMER, for an amount of € 25 per retrocession.
5.1 - The GESTOR can choose the mode of payment (credit card, bank transfer, or otras formas de pago disponibles) that is offered to participants to make the payment of their registration through the SERVICE. Depending on the choice of the MANAGER, the cost of the service may vary with respect to point 4.2 (iii). The MANAGER authorizes AVAIBOOK to manage the accounting and payment in a separate bank account.
5.2 - AVAIBOOK will transfer to the MANAGER the amount of the payment of the registrations received through the forms of payment that AVAIBOOK manages (5.1), after deducting the commissions corresponding to the costs of the SERVICE (4).
5.3 - El proceso de liquidación del evento se producirá al día siguiente de la fecha del inicio del Evento, al margen de que el GESTOR no haya solicitado alguna liquidación anteriormente. En este proceso se calcula el importe resultante (5.2) y se transfiere dicho importe a la cuenta del GESTOR en caso de ser favorable a éste, o bien se emite un recibo domiciliado a dicha cuenta en caso de que el importe resultante fuera a favor de AVAIBOOK. AVAIBOOK facturará mensualmente los costes del servicio (4) al GESTOR y pondrá a su disposición todas las facturas emitidas en la Zona Privada del GESTOR. En cualquier caso, tanto AVAIBOOK como el GESTOR pueden ejecutar el proceso de liquidación cuando lo estimen oportuno si fuera necesario.
5.4 - The MANAGER is aware and accepts that with some means of payment (for example PayPal) there is a greater risk of cancellation by the participants, assuming full responsibility for their choice. If any transaction has to be returned to the participant or the participant himself repudiates it for any reason that affects the costs of AVAIBOOK, the MANAGER must bear the costs of such return or repudiation, in addition to any other cost that may be incurred for AVAIBOOK.
5.5 - The MANAGER must send to AVAIBOOK in writing any claim about the settlement during the two (2) weeks following the issuance of the invoice. Otherwise, it will be considered approved.
5.6 - Claims or Retrocessions: the CUSTOMER is aware that the cardholder or the entity issuing the card with which the payment has been made for a registration that is managed by AVAIBOOK in accordance with the law and/or the Payment Systems Regulations, can claim and request the retrocession of the operation due to fraud or improper use of the card. To this end, the following clauses are provided:
6.1 – Legitimacy: the MANAGER guarantees to AVAIBOOK that (i) there is no agreement between the MANAGER and the venue, the owner of the Event or any third party that prevents the MANAGER from contracting the SERVICE subject to these GC, (ii) that The MANAGER is the legitimate organizer and therefore is authorized to market the Event through the SERVICE. The MANAGER undertakes to demonstrate the veracity of these guarantees, at the request of AVAIBOOK and will indemnify him for all the damages and losses caused, in the event that the latter has to face claims from third parties arising from the infringement of said rights. At the request of AVAIBOOK, the MANAGER will be obliged to demonstrate the veracity of the facts referred to in this section.
6.2 – Truthfulness: the MANAGER guarantees to AVAIBOOK the veracity and accuracy of all the data provided to AVAIBOOK regarding its legal capacity, the representation in which it acts and the Event itself. AVAIBOOK reserves the right to demand the justification of any data provided by the MANAGER.
6.3 – Confidentiality: the MANAGER will safeguard, with due diligence, their access codes to the SERVICE and will not allow third parties access to it from their account. In case of detecting the use of your account by other people or the loss, theft or disclosure of your password, the MANAGER will inform AVAIBOOK without delay. In no case will AVAIBOOK be responsible for the loss of data or breach of the confidentiality of the same, or the consequences arising from a usurpation of the personality of the MANAGER, when there is negligence in the custody of the keys or it does not make the communication before mentioned to AVAIBOOK.
6.4 – Communication: the MANAGER is responsible for notifying AVAIBOOK immediately about any lack of availability or malfunction in the web pages of AVAIBOOK or in any functionality of the SERVICE.
6.5 – Correct use of the SERVICE: the MANAGER undertakes not to supplant the identity of a third party in its access to the Service, not to attempt to access sections for which it is not authorized and not to make an unlawful use of any possible security breach in the tool, provoke it or try to provoke it. The MANAGER will not copy, modify or alter the code, contents or design of the Website or interfere with its proper functioning. It is expressly forbidden to carry out “framings”.
6.6 – Content: the MANAGER undertakes to keep their data constantly updated and not to spread content contrary to the law, morals, public order and these General Conditions of Use and, where applicable, to the Particular Conditions through the Service. applicable. By way of example, and in no case limiting or excluding, the MANAGER agrees to:
a. Do not introduce or disseminate data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, the Service or other users of the network.
b. Not to disseminate, transmit or make available to third parties resources that constitute illicit or unfair advertising or that involve unfair competition.
c. Not transmit unsolicited or authorized advertising, advertising material, "junk mail", "chain letters", "pyramidal structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
d. Do not introduce or disseminate false, ambiguous or inaccurate information and contents that mislead third parties and not to disseminate, transmit or make available to third parties resources that violate the intellectual and industrial property rights of third parties.
e. Not to disseminate, transmit or make available to third parties resources that violate the intellectual and industrial property rights of third parties.
f. Not to disseminate, transmit or make available to third parties any type of resource that involves a violation of the secrecy of communications and the rules of protection of personal data.
7.1 – En relación con los datos personales del GESTOR recabados a través de los formularios presentes en el SITIO WEB, AVAIBOOK se compromete a tratarlos de acuerdo con su política de protección de datos contenida en el apartado 11 del Legal Advice.
7.2 – Al hacer uso de nuestra herramienta, como proveedores tecnológicos del GESTOR tenemos la condición de encargados del tratamiento de los datos de carácter personal de los participantes y Registrados, compartidos o alojados como consecuencia de la prestación del SERVICIO. Puedes consultar las obligaciones y derechos que nos corresponden como encargados en: Agreement of Data Processing Manager.
8.1 - Any indication of fraud, falsification of data, false operations or impersonation will be immediately notified to the State Security Forces and Corps. The MANAGER expressly consents to the communication of all personal and contact information (including name, surname, ID number, postal address, email address and IP address) to the authorities so that the conduct is prosecuted and punished in the shortest possible time. possible, authorizing AVAIBOOK to withhold the pending payments during the 60 days following the scheduled end of the Event, in case there is a clear indication of the commission of unlawful acts or illegal or fraudulent conduct and in such case AVAIBOOK reserves the right to return the amounts to the participants if this means lessening the damage caused by an illicit or fraudulent EVENT.
8.2 - The following will be considered indications of fraud or illegal behavior, among others:
8.3 - AVAIBOOK maintains in the Service all the technical means at its disposal to avoid the loss, misuse, alteration, unauthorized access or theft of personal data or information provided by the MANAGER, without prejudice to the security measures on the Internet are not impregnable, circumstance accepted by the MANAGER.
8.4 - AVAIBOOK protect the security of the personal information of the MANAGER during data transmissions using the SSL (Secure Sockets Layer) software, which encrypts the information entered by the MANAGER.
9.1 – The contract will come into force at the time of acceptance by the MANAGER and unless the Special Conditions provide for another duration, it will be indefinite, and may be resolved by any of the Parties at any time by written notice.
9.2 - The MANAGER must keep a copy of this document, and can download or print it in the act of contracting. AVAIBOOK will try to keep a copy of each of the versions of this contract, electronically accepted and associated with its corresponding publication date; these copies are available to the MANAGER who requests them.
10.1 - Incorrect use of the WEBSITE: AVAIBOOK will not be responsible for the incorrect, illicit or negligent use of the Service made by the MANAGER.
10.2 - Continuity of the Service: AVAIBOOK does not guarantee the availability, access and continuity of the operation of the Service through the website where it is hosted, for which reason it will not be responsible, with the limits established in the current Legal System, for the damages and losses caused to the MANAGER as a consequence of unavailability, access failures and lack of continuity.
10.3 - Content: AVAIBOOK does not guarantee the veracity or accuracy of the data and contents published by the MANAGER through the Service, its origin or ownership, or the use or practical application made of it by the participants, AVAIBOOK declines any responsibility to respect.
10.4 - Links: the Service may contain links to other websites, AVAIBOOK not being held responsible for its contents or the consequences derived from the use thereof by the MANAGER.
10.5 - Virus: AVAIBOOK undertakes to apply all necessary measures to try to guarantee the MANAGER the absence of viruses, worms, Trojans and similar elements in the Service. However, these measures are not infallible and therefore, AVAIBOOK does not guarantee the absence of such harmful elements, declining any responsibility for the damages that they may cause to the MANAGER or to third parties.
10.6 - Contracting with third parties through the SERVICE: the MANAGER acknowledges and accepts that any contractual relationship that can be formalized with participants, Registered and other third parties through the SERVICE is carried out under its entire responsibility and therefore, AVAIBOOK does not assume responsibility of any kind for the damages or prejudices of any nature derived from it.
10.7 - Modification and suspension of the SERVICE: AVAIBOOK reserves the right to modify at any time the aspect, content or functionality of the SERVICE, to suspend it temporarily or definitively and to modify at any time and without prior notice these CG, for reasons of adaptation to the current legislation or other reasons, not being responsible for technical failures or interruptions of the services offered. The MANAGER can be accessed at any time to the current version of these CG from the section “Legal Notice” of the website www.avaibooksports.com. Since the use of the Service by the MANAGER will be understood as acceptance of the CG in force at that time, the MANAGER is recommended to periodically review said notice.
11.1 - Both the software and the design of the Service and its source codes, the logos, trademarks and other distinctive signs that appear in it, belong to AVAIBOOK or its suppliers and are protected by the corresponding intellectual and industrial property rights. Its use, reproduction, distribution, public communication, assignment, transformation, reverse engineering or any other similar activity is totally forbidden unless expressly authorized in writing by AVAIBOOK or its owner.
11.2 - The contents of the Service introduced by AVAIBOOK in any format are also protected by intellectual property rights of this or its suppliers. Its use or reproduction will be allowed only within the scope of an express contractual relationship.
12.1 – These GC are governed by Spanish Law.
12.2 - In case of doubt, dispute or conflict over the interpretation or application of any of these GC, as well as on any matter related to the SERVICES, AVAIBOOK and the MANAGER, waiving any other applicable jurisdiction, they agree to submit expressly to the Courts and Courts of Zaragoza capital.
12.3 - Any condition or part of it declared illegal will be deemed not to have been made, without affecting the rest of these GC.