ARTAXNET TERMS AND CONDITIONS
Through this document, ONDE FICAR PLUS MARKETING HOTELEIRO, LTDA, a limited liability company, headquartered at Avenida Presindete Vargas, 00590, Sala 1717 Centro, Rio de Janeiro, registered with CNPJ / MF under nº 29.508.004 / 0001 -67 (hereinafter “ARTAXNET”), the sole and exclusive owner of the domains www.artaxnet.com, www.artaxnet.com.br and systems installed on pages of related domains, will present to the Users of the referred Website and its online booking services the legal information necessary for its use.
CHAPTER I - GENERAL PROVISIONS
DEFINITIONS
Below is the definition of the most important terms used in this Term and Conditions of Use (“Terms”) of the Website www.artaxnet.com, www.artaxnet.com.br its services owned by ARTAXNET and electronic communication between the parties:
(i) ”Website”: all content made available by Affiliate Hotels at the electronic address www.artaxnet.com, including, but not limited to information, images, rates, availability, services and products.
(ii) “Affiliated Hotels”: all hotels, inns, hostels, or any other types of accommodation that offer their hosting services through the ARTAXNET platform.
(iii) “User (s)”: all individuals - over 18 (eighteen) years old or under 18 (eighteen) years old with permission and / or assisted by parents and / or legal guardians - who use the website pages for search and reservations.
(iv) “Personal Information”: all personal information provided and registered on the Website by Users, such as, but not limited to, their full name, home or business telephone number, e-mail address and number, expiration date and data collection and payment method.
(v) “Content”: all information available on the Website or accessed through it, such as, but not limited to written texts, images in general, fares, availability of accommodation and travel services, which the User may have access to through the website.
(vi) “Payment Managers”: companies responsible for making all payments made through this Website, that is, for receiving and intermediating the amounts corresponding to the transaction made by the User through this Website.
(vii) “Online booking services”: services provided by ARTAXNET to provide online reservations on behalf of hotel establishments affiliated with consumers and guests. These services are done through forms, internet pages, telephone contact, email and other formats and can be identified only with the name and brand of the contracting hotel establishment.
INITIAL PROVISIONS
Before using this Website, the User must carefully read all the provisions of these Terms, as well as all the provisions of the Privacy Policy of this Website, which is an integral part of this Term and Conditions of Use.
Thus, when accessing and using this Website or related booking services, the User automatically agrees to all terms, conditions of use and notices without modifying the terms, conditions and notices contained on this Website and at the time of making the reservation. The user agrees that ARTAXNET may process your personal data in the manner described in the Privacy Policy and agrees that it will not process the data of any third party with whom it comes into contact through the use of ARTAXNET services, except within the rules of the Policy Privacy Policy.
When you become an ARTAXNET customer, you are under conditions of using the ARTAXNET service agreement. It defines the obligations of the parties with respect to the General Data Protection Regulation (“GDPR”) established in the European Union and valid from 25 May 2018. The adoption of DPA allows the processing of the personal data of Europeans by companies outside the Union European.
All reservations made through this Website and the use by ARTAXNET and Payment Managers of the User's information are subject to the following terms, conditions and notices.
ARTAXNET may change these Terms at any time. When browsing this Website or using the booking services, the User must follow the rules of these Terms, committing himself to verify, at each visit, if there has been no change in the rules now stipulated. Thus, the use of this Website and related booking services after any changes made to the Website, will mean that the User has read and accepted all changes that have occurred.
The User agrees, from now on, to comply with any legislation of the place where he is located, which provides for rules of conduct and crimes committed within the scope of the internet.
USERS REGISTRATION
For the User to use and purchase the services provided by the Website and services, it is necessary to send registration information. In this way, the User agrees to provide all Personal Information that is true, accurate, current and complete, when registering in the specific form for accessing the Website and booking services, updating them whenever necessary.
The User who (i.) Provides false, incomplete or incorrect information, (ii.) Incurs fraud, (iii.) Fails to comply with any of the conditions of these Terms or applicable law, or (iv) whose registration is deemed improper or inappropriate (with bad reputation and / or high number of complaints) for the site may be summarily excluded, without any indemnity to the User.
If any damage committed by minors, whether absolute or relatively incapacitated, with or without the permission of their parents or legal guardians, they will be responsible for all acts performed by the minors, in accordance with the law.
COMMUNICATIONS
When visiting the Website or sending emails to ARTAXNET, the user is communicating electronically. The user agrees to receive communications from ARTAXNET electronically. ARTAXNET will communicate through emails or notifications on its website and platform. The user agrees that any agreements, notices, terms and other notices satisfy any legal requirements for communications to be made in writing.
Any comments, materials or letters sent by the USER to ARTAXNET, including but not limited to questions, comments, suggestions, criticisms or the like (“Materials Received”), may be considered by ARTAXNET as non-confidential and free from any claims of ownership or rights personal. ARTAXNET will have no obligation with respect to these Received Materials and will be free to reproduce, use, disseminate, display, present, transform, edit, amend, create derivative works and / or distribute the Received Materials without restrictions or limitations.
In addition, ARTAXNET is free to use any ideas, concepts, know-how or techniques contained in any communications sent by USERS to it for any reason whatsoever, including but not limited to developing, producing, or promoting products using such information or ideas , without any compensation or obligations to anyone, including the USER. The USER agrees that any information received from ARTAXNET related to its operations, plans, customers, methods, business, finances, procedures and other information that may even reasonably be considered confidential should be considered Confidential and the USER will not reveal any confidential information to third parties during the term of these Terms, as well as for the period of five years after their expiration.
LIMITATION OF PERSONAL USE
All of the Content on this Website and consequently the services provided here, as well as the infrastructure used to provide the Content are available for personal, non-commercial use only.
Thus, the User is prohibited from modifying, copying, distributing, transmitting, exhibiting, making, reproducing, publishing, making available, licensing or creating works derived from the Content collected on the Website or ARTAXNET reservation services pages, as well as transferring or selling such information, software , products and / or services, under penalty of violation of these Terms, Privacy Policy and legal provisions in force.
In addition, whether or not it has a commercial intention, the User agrees not to:
access, monitor or copy any Website Content using a robot , spider , scraper or any other automated means, or any manual process, for any purpose, without the express written consent of ARTAXNET;
violate the restrictions of any robot exclusion header from the Website, bypass or bypass other measures applied to prevent or limit access to this Website or related service pages;
take any action that imposes or may impose, in the opinion of ARTAXNET, an unjustified or disproportionately large load on the infrastructure of the ARTAXNET Website and its reservation services; and / or
deep-link to any part of the Website (including, without limitation, the purchase route for any travel services) for any purpose, without the express written consent of ARTAXNET.
INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK
All Content on this Website and related service pages, ARTAXNET brands and logos are protected by Law No. 9,279, of May 14, 1996 (Industrial Property Law), by Law No. 9,610, of February 19, 1998 (Copyright Law), as well as international laws and treaties on industrial property, copyright and competition. Thus, the violation of any provisions of the referred Laws, will give rise to the respective indemnification to ARTAXNET, its Users or third parties, as the case may be, without prejudice to losses and damages, loss of profits and attorney fees.
Other products, brands, trade names, logos that appear on the Website are duly registered with the competent bodies . Therefore, the use of these products, brands, trade names and logos is totally prohibited, unless prior written authorization from the respective owner.
Thus, the User assumes all and any liability, of a civil and criminal nature, for the improper use of the Website Content.
ARTAXNET does not tolerate content that appears to infringe any copyrights or other intellectual property rights or that violates these Terms, responding to all notices of potential copyright infringement, which are in accordance with applicable laws and are properly forwarded to ARTAXNET. Such notifications must be reported through the address below. ARTAXNET reserves the right to delete or deactivate the allegedly infringing content and terminate any relationship with recurring violators. Our contact details for allegations of copyright infringement are:
Plus Marketing Hoteleiro, LTDA.
Avenida Presindete Vargas, 00590, Sala 1717 Centro.
Rio de janeiro Brazil
RESPONSIBILITY AND WARRANTIES
Any errors in the operation of this Website or related services arising from operational issues and outsourcing of services will be corrected as soon as possible and, if possible, ARTAXNET will previously warn the interruptions in the operation of the Website and services to Users.
Subject to the limitations stipulated in these Terms, within the measures permitted by law, ARTAXNET is responsible only for direct damages suffered, paid or incurred by the User due to a failure attributed exclusively to ARTAXNET's obligations in relation to its services, up to a total amount of global cost of fees charged by the User, as specified in his confirmation email (either for an event or for a series of connected events).
On the other hand, ARTAXNET is not responsible under any circumstances for:
(i) Any errors, veracity, accuracy and completeness of all information provided and made available on this Website by Affiliate Hotels, such as, but not limited to photographs, information regarding facilities, rates, availability, ratings and other services or products offered by Affiliate Hotels. (ii) ARTAXNET does not make any representations about the suitability of the information, software, products and services contained on this Website for any purpose and the inclusion or offer to sell any products or services on this Website does not constitute any endorsement of quality, level of service or rating of any Affiliate Hotel by ARTAXNET. All of this information, software, products and services are provided as they are presented on this Website, without any warranty. Accordingly, ARTAXNET disclaims all warranties and conditions relating to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. (Iii) For any reason personal injury, death, property damage or any other damages, losses or costs borne, incurred or paid by the User, whether due to acts, errors, infractions, negligence, intentional misconduct, omissions, non-compliance, false information, wrongdoing or liability objective non-contractual (total or partial) attributed to Hotel Afiliado and its employees, administrative directors, agents, representatives or affiliated companies, including any cancellation (partial or total), excess reservations, strike, force majeure or any other event that is out of control of ARTAXNET.
(iv) Any damages, losses, losses and / or costs borne by the User resulting from the non-availability or error of operation of this Website and related reservation services, as well as by any damage, loss or loss in the User's equipment or connection caused by failures on the system, on the server or on the connection resulting from third-party conduct, including actions by malicious software such as viruses, trojans, etc.
(v) For damages to the User's equipment or connection as a result of accessing, using or browsing the Website or booking services pages, as well as the transfer of data, files, images, texts, audios or videos contained on the Website;
(vi) For any damages caused as a result of crimes of injury, slander, defamation, fraud and others, committed by or against its Users.
(vii) For losses and damages caused by the irregular use of the Content or services provided through the Website and related booking services pages, or by the inappropriate use of resources by the User.
(viii) For acts of third parties that are successful in collecting or using, by any illegal means, the Personal Information registered by the User on the Website or on the booking pages.
ARTAXNET has no control over Google's cache or any services administered by third parties and if any information is deleted from the Website and booking pages, it may continue to appear on Google and / or other search engines, until they do the cache update (average term of 1 month).
INDEMNITY
The User must indemnify ARTAXNET and any of its employees, administrative directors, agents, representatives or affiliated companies in the event of a regressive action for any losses caused to ARTAXNET and any of its employees, administrative directors, agents, representatives or affiliated companies , as a result of actions involving (a) acts of the User or (b) acts of third parties, as a result of (i) violation by the User of this Term and Conditions of Use or of the documents referred to herein; (ii) violation of any law or third party rights by the User; or (iii) use of this Website by the User, including the effects of article 70, III, of the Civil Procedure Code.
In addition to the other provisions set forth in these Terms, the USER agrees to defend ARTAXNET with respect to any real demand or threat with respect to its use of these terms of service, its failure to comply with GDPR's conditions and its non-compliance with any clause of these terms. In addition, the USER agrees to indemnify, defend and guarantee ARTAXNET's innocence in relation to and against: (a) all damages, costs and attorney's fees ultimately applied to ARTAXNET on account of these terms; (b) all related expenses (including reasonable attorneys' fees) that ARTAXNET incurs in connection with the defense in the respective legal process (except if the USER fully defends the action); and (c) in the event that any claim or proceeding is resolved through an out-of-court settlement, any amounts to be paid to third parties through an agreement made with the USER.
HYPERLINKS FOR THIRD PARTY WEBSITES
The presence of hyperlinks on this Website and related booking service pages does not imply any relationship of partnership, partnership or supervision of ARTAXNET with the owners of the websites to which the Users are directed when clicking on the hyperlinks and, consequently, does not imply any responsibility. ARTAXNET for the material contained in those websites. Accordingly, ARTAXNET does not control these websites and is not responsible for their content or the use that the User makes of the Website.
Thus, it is up to the User to check the privacy policy and origin of the website (s) accessed through the hyperlinks contained in this website, and must take all necessary measures to protect themselves from damage, including fraud or online fraud.
In view of the above, ARTAXNET will not be responsible for the understandings and negotiations between said websites and the User, ARTAXNET being exempt from any claims or legal actions proposed by Users or third parties.
CHAPTERII - CARRYING OUT PURCHASES THROUGH THIS WEBSITE AND RELATED RESERVATION SERVICES
SCOPE OF THE SERVICE OFFERED BY THIS WEBSITE
Through this Website and its related booking services, ARTAXNET provides an online platform and tools through which Affiliate Hotels offer their accommodation for booking and, in turn, Users can make their reservations.
When making a reservation through this Website and related reservation services, the User enters into a direct contractual relationship with the Affiliate Hotel for which he makes the reservation. From the moment the reservation is made, ARTAXNET will act only as an intermediary between the User and the Affiliated Hotel, transmitting the User's reservation details to the Affiliated Hotel in question and sending an email to the User regarding the confirmation reservation on behalf of Hotel Afiliado.
When providing our services, the information disclosed by ARTAXNET on the Website is based on information provided by Affiliated Hotels. Therefore, Affiliate Hotels have access to a specific tool and, therefore, are fully responsible for updating information on rates, availability and other details that may be displayed on this Website.
Thus, each of the Affiliated Hotels will always be responsible for the accuracy, completeness and accuracy of all information and images displayed on this Website (including regarding rates and availability).
RATES
All tariff prices available on this Website and related booking services are the responsibility of the Affiliate Hotels, including with respect to any taxes that may be levied on accommodation or fees incurred in processing the reservation, unless otherwise stated on the Website , booking page, or in any confirmation email sent to the User.
Often, cheaper rates are available on the Website for a specific stay at a particular Affiliate Hotel. However, these rates are established by the Affiliate Hotels and may entail special restrictions and conditions, regarding, for example, cancellation and refund conditions. We recommend that the User carefully check the description and rate of the accommodation before making his reservation.
The currency converter is for information purposes only and should not be seen as an accurate, real-time tool; conversion rates may vary. The daily rates and packages presented on the Website and related reservation services may change slightly at the closing of the transaction, due to the exchange rate used by the different payment processors.
Information on rates and availability of accommodations presented on the Website from other search portals (and thus identified), as well as other information on the listed hotel establishments are the sole responsibility of these portals, and ARTAXNET is not responsible for honoring any offer or commitment of these.
PRIVACY
Except for information required by law and the disclosure of the User's name, email address and payment data, necessary to complete your reservation at the chosen Affiliate Hotel, ARTAXNET will not disclose the Users' personal information to third parties without the prior consent of the User. User. For more information about the privacy of Users' Personal Information, please consult our privacy policy.
CREDIT CARD
Your credit card details may be required to guarantee your reservation. Therefore, the User's credit card information is sent directly to the Payment Manager or stored securely for processing by the hotel. If the card data is stored on the ARTXNET platform, the hotel will be responsible for the security of this information and its use specifically for the reservation or contracted service.
Before making a reservation on this Website or related reservation services, the User must carefully read and accept all the conditions of the chosen Payment Manager's contract.
Please note that the User's credit card may be pre-authorized or charged (sometimes without any refund options) at certain rates or special offers, after the reservation has been made and confirmed. Please check the description of the accommodation carefully before making your reservation.
In the event of fraud or unauthorized use of the User's credit card by a third party, the User must contest the transaction expense at the issuing bank and, concomitantly, must report the incident to the Payment Manager so that the necessary measures are taken. .
CANCELLATION
When making a reservation at an Affiliate Hotel, the User accepts and agrees with the cancellation and no- show conditions ( at the show ) and any extra terms and conditions of the Affiliate Hotel that may apply to their reservation or stay, including with respect to services provided and / or products offered by Hotel Afiliado. The general cancellation and no-show policy for each Affiliate Hotel is made available on the ARTAXNET website or booking services pages, on the Hotel Afiliado information pages, during the booking process and in your confirmation email. The User must take into account that certain rates or special offers cannot be canceled or changed. Therefore, the User must carefully check the description of the accommodation before making his reservation.
If the User wants to review, adjust or cancel his reservation, he must read his confirmation email and follow the instructions to do so. Please note that the Affiliate Hotel may charge you for cancellation if so described in the cancellation and no-show conditions. We recommend that the User read carefully before making his reservation.
OTHER EMAILS
Upon completing the reservation, the User agrees to receive an email at least one day before the date of arrival of the User, with information about his destination. In addition, the User may receive emails with relevant changes to his reservation or cancellation emails, including reminder emails if the reservation has not been finalized, communications initiated by ARTAXNET or the Affiliate Hotel in relation to his reservation, invitations to make an evaluation of the hotel and the emails that the User has chosen to receive.
ARTAXNET and Affiliated Hotels will not send any other notices, emails or correspondence, without the User's express request.
CHAPTER III - GENERAL PROVISIONS
Tolerance of any failure to comply with any of the clauses and conditions of this Term and Conditions of Use will not constitute a new obligation and does not prevent or inhibit their enforceability at any time.
These Terms are governed by the legislation of the Federative Republic of Brazil and their text must be interpreted in the Portuguese language.
The Parties elect the District Court of Rio de Janeiro, to settle any issues arising from this Term and Use, regardless of any other, however privileged it may be or may become.
