Terms and Conditions for Use of this Website
The terms and conditions set forth below regulate the access and use of the booking.malamalama.es website (hereinafter, the website), featuring technology property of Tor Global Travel, S.L.U.
Identification of the parties:
On the one hand, MALAMALAMA TRAVELS, with registered offices in Calle Fernando Vi, 48 and Tax ID Number (CIF) B88118922 (hereinafter, the Platform).
The User accessing the webpage for informational purposes or to contract the services offered at www.onlinetravelserver.com (including its domains and subdomains), who warrants that he or she is of legal age (i.e. at least 18 years old) and enjoys the necessary legal capacity to be bound by this agreement and to use the Website in accordance with these Legal Notices and the General Terms and Conditions established for each type of service offered on the Website, which the User understands and acknowledges in their entirety.
Use of the Website
OnlineTravel offers use of this Website to Users, subject to their full, unadulterated acceptance of these Legal Notices. The User's use of the OnlineTravel Website shall be construed as his or her tacit acceptance of the General Terms and Conditions in their entirety, as set forth herein.
If the User does not agree to these Terms and Conditions, he or she shall forfeit the right to use the OnlineTravel Websites.
OnlineTravel, as the legal owner of this Website, offers various content, products and services to the User, acting in the name and on behalf of wholesale travel agencies and various tourism service providers. In no event shall the operation of this Website be construed as a means of direct sales in the name of such services, including, but not limited to, airplane tickets, car rental services, train tickets, hotel reservations or the combination of any two or more of the above.
The User shall be responsible for employing all reasonable precautions in order to maintain the confidentiality of the passwords provided to him or her by OnlineTravel for accessing the Website and to prevent any unauthorised access by third parties. The User agrees to assume full liability for any costs stemming from the use this Website whenever it is accessed by means of the User?s password, as well as for any fraudulent use of the User?s passwords by third parties.
Furthermore, the User warrants that all the information he or she has provided, both at the time of accessing the Website and in the course of using it, is true, complete and accurate, and agrees to maintain such information up-to-date.
On OnlineTravel, the User may pay using a debit card or credit card (VISA, MASTERCARD, DINERS, JCB or AMERICAN EXPRESS), through a PayPal account, with Bitcoins or even via EFT, subject to the fulfilment of certain requirements.
Prices are expressed in various currencies, although the fees for contracting the services are charged in euros (EUR), US dollars (USD) or pounds (GBP), depending on the payment currency selected by the User. Nevertheless, in certain cases when using a secure payment gateway, the User is also given the opportunity to choose whether he or she wishes to pay using a different currency.
All of the products offered online may be paid via PayPal, except for cruises, car rentals, certain hotels that only accept payment at the front desk and certain flights for which the airline only accepts payment by credit card.
When making reservations with a discount or low-cost airline, the payment currency will always be that of the country from which the originating flight is scheduled to depart.
Waiver of Liability
In the case of stand-alone services, OnlineTravel only acts as a broker and therefore shall not assume any of the risks or benefits associated with these operations.
OnlineTravel will make every possible effort to provide the information contained in the Website accurately and without typographical errors. In the event that an error of this type occurs beyond the scope of OnlineTravel?s control, it shall be corrected immediately. If there is a typographical error in any of the indicated prices and a client has made a purchase decision based on that error, OnlineTravel shall honour the purchase at the stated price, absorbing any difference in cost, whenever such difference is not disproportionate in relation to the average market price to the extent that it would be obvious to anyone exercising a reasonable amount of diligence that it was an error.
Intellectual and Industrial Property Rights
The User acknowledges and agrees that all the graphic and written content, designs and any other elements appearing on this Website that are subject to industrial or commercial use, whether these are visual or technological in nature and whether they are considered individually or jointly, are protected by the intellectual and industrial rights of OnlineTravel or the individuals or companies that own or have created them. These parties shall enjoy the exclusive rights to use, modify, copy and distribute this material, as well as to initiate legal action against anyone who infringes upon these rights.
Jurisdiction and Applicable Law
These Legal Notices have been drafted in accordance with Spanish law, by which they shall be governed.
In the event of any dispute, renouncing all other venues, the parties agree to submit the dispute for resolution in the courts and tribunals of the User?s country of residence.
Validity, Modification and Interpretation of these Legal Notices
In the event that any clause of these Legal Notices is declared null, void or inapplicable by a competent authority or court of law, the legal validity and enforceability of the remaining clauses shall remain in full effect, whenever this does not violate applicable legislation.
The provisions of these Legal Notices may only be modified in writing. In any event, OnlineTravel reserves the right to make changes or modifications, whether to the Website or to these Legal Notices; however, such modifications shall not affect any contracts that have been entered into previously.
The original version of these Legal Notices is drafted in the Spanish language and has been translated into various other languages. In the event of any dispute regarding the content or interpretation of the Terms and Conditions, as well as any conflicts, contradictions or discrepancies between the version in Spanish and those in other languages, the Spanish version shall prevail whenever this is permitted by the laws in effect in the Users? country of residence. The Spanish version is available in writing to any User who may require it.