Terms of use
1. General information about this website
- 1.1 The domain www.abitari.com and its contents (hereinafter referred as the "Web") are owned by our company ABITARI LABS S.L. Our company has been registered in the Mercantile Register of Barcelona (volume 45274, folio 187, inscription 1, sheet B-482558), CIF B66727165. Our professional address is Carrer Jordi Girona, nº 1-3, Espai Emprèn UPC - Barcelona (08034) Tel .: 645891439. The details to contact us are indicated on this Web.
- 1.2 These Terms of Use, with our Privacy Policy, Frequently Asked Questions (FAQs) and Cookies Policy, (hereinafter referred as 'Terms of Use') provide access and use as a User (hereinafter "the User") of our website. If you register on our website or simply browse through its contents means that you accept with no exception these Terms of Use.
- 1.3 ABITARI can not guarantee that the Terms of Use will not be modified or canceled. Please, it is important that you carefully read our Terms of Use and print or save a copy of them whenever you act as Web User since they will be the only ones applicable at the moment you act as a User.
- 1.4 The User testifies to being over 18 years old and able to accept these Terms of Use. In case of acting on behalf of any third party individual or legal entity, the User declares that he has sufficient and effective authorization.
- 1.5 The User assumes responsibility for the use of the Web. This responsibility extends to the registry that is necessary to access certain services or contents. In such a register, the User will be responsible for providing truthful and lawful information.
- 1.6 In any case, ABITARI will not be responsible, within the limits established by law, of the consequences arising from the use of its Web between Users, by way of example: errors or omissions in the contents, unavailability of the portal or the transmission of viruses or malicious programs or harmful content, despite having taken all necessary technological measures to avoid it.
2. Provision of services
- 2.1 For the purposes of these Terms of Use, ABITARI acts as an intermediary information society services provider within the meaning of the current Services Act of the Society of the Information and e-commerce. Therefore, ABITARI is independent of other providers of services regardless of their nature, including those who act as Users of this Web site.
- 2.2 ABITARI is committed to always collaborate with its Users in all disputes arising from These Terms of Use. However, the user acknowledges that the disputes can beyond ABITARI’s control.
- 2.3 ABITARI guarantees certain controls on other service providers that act as Users of this Web, as specified in these Terms of Use and in other places of this Web. This warranty is necessarily in accordance with the information provided by all Users, who assume the risk that may arise from their relationship with other Users, whether or not they are service providers.
3. Provision of third-party services Users
- 3.1 Through the Web, the User may reserve services according to his needs, tastes, preferences and time availability. The reservation shall be understood to be made when the User receives confirmation of his reservation by ABITARI.
- 3.2 Any User acting as a service provider other than ABITARI states that he will be professional and reliable and will be prepared to perform the services which he has offered. In addition, it will not offer to provide services for which it is not qualified or for which it does not have the time.
- 3.3 All Users undertake to maintain a courteous treatment among them as well as to provide a safe and appropriate environment to provide the service.
- 3.4 All Users agree to communicate to ABITARI any incidents in the provision of the service.
- 3.5 The User assume that alterations can occur that hinder or prevent the provision of the service due to force majeure such as illness.
- 3.6 All Users undertake to comply with the agreed terms in each reservation of services.
Otherwise, ABITARI will not be responsible for any non-compliance.
4.Provision of services by ABITARI
- 4.1 ABITARI will perform certain controls on other service providers acting as Users of this Web. With such controls, ABITARI will do its best to ensure that the specific service is of the utmost satisfaction for the User who made his reservation on this Website.
- 4.2 Specifically, any reservation made by the User is accompanied of a later revision. This review will be initiated by the User and will confirm that the service has been properly provided. Then, the User providing the service must also give his approval that the service has been provided accordingly. If everything is correct, this service will become part of the services rendered and confirmed for that month, so the price can be paid. The price shown is an approximation that must be determined by an expert in the first provision of the service and it does not include indirect taxes.
- 4.3 In case that the service subject to reservation has not been fully complied or its fulfillment has not been reasonably expected, the User shall be entitled to receive the part of the service unduly fulfilled completely Free or not receive any charge for the part of the service unduly fulfilled. The final decision in this regard will correspond to ABITARI who will examine the due fulfillment of the benefit and take the appropriate measures to correct the service improperly rendered and reduce the probabilities of new incidents. To this end, the User must notify ABITARI of its disagreement, within 24 hours of the performance of the reserved service.
5. Payments
- 5.1 The User must hold a bank account or have authorization from the holder of a bank account in order to be able to pay through our website through direct debit. Therefore, the user will ensure that all information necessary to make the payment is accurate.
- 5.2 The prices shown on this website are an approximation that must be determined by an expert in the first rendering of the service. These do not include indirect taxes.
- 5.3 From the first reservation that the User makes through this Website, the User authorizes ABITARI to charge the corresponding amount. The amount to be paid will be the sum of all the services rendered and confirmed within the same month. The debit per domicile will be made within 30 days of the end of the month to be paid.
6. Cancellation policy
- 6.1 No change in booking conditions is foreseeable. However, if this happens, the User will receive an email notification as soon as possible. If the change affects the User, he may cancel his reservation. Once the change is made without the User expressing his desire to cancel, he will be obliged to reserve with the new conditions.
- 6.2 The User may cancel his reservation before the end of the day prior to the payment of the service.
- 6.3 The User may cancel his reservation on the same day of the provision of the service and at least 2 hours before the start of the service. In this case you will be charged 25% of the price of the service for management expenses.
- 6.4 The User may cancel his reservation in the absence of less than 2 hours from the start of the service. In that case you will be charged 75% of the price of the service.
- 6.5 If the service provider does not attend, the User must notify ABITARI as soon as possible and with a maximum of 24 hours after the time Of expected start in the reservation. ABITARI will try to provide another provider if possible or won’t charge the payment for the service. For this guarantee to prosper, the User must notify ABITARI as soon as possible and with a maximum of 24 hours after the scheduled start time.
- 6.6 ABITARI has the right to cancel its reservation at any time, without needing a justification. In such case the User will receive a notice as soon as possible, and recover the total of the deposit without exception. In case of cancellation of the reservation by ABITARI, the User can not make the same reservation canceled.
7. User account
- 7.1 Some accesses and/or uses of this Web require the prior registration of the User. Your registration generates a User Account (hereinafter, "Account"). This Account is for your personal and non-transferable use as a User. Do not allow third parties to access or use your Account. Maintain the necessary care to protect your Account, including the information hosted in your Account and password. The User is solely responsible for accessing and / or using your Account and all information hosted on it. At the time you detect any suspected errors in your Account you must notify us immediately.
- 7.2 The information contained in your Account may consist, for example, of reference links to third party information. Never include information or publish and / or send reference links to information that infringes upon protected legal rights or that may simply be considered inappropriate.
- 7.3 The information contained in your Account may consist of opinions regarding this Web . In this case, the User guarantees that the opinion is honest and independent.
- 7.4 The User undertakes to respond on behalf of ABITARI to complaints of any kind, as a result of attacks against protected legal Information that is simply considered inappropriate, contained in your Account. In addition, the User undertakes to indemnify ABITARI for damages and losses derived from such claims, as well as direct payment of the expenses of a lawyer, experts, notaries and in general, all those that ABITARI has been forced to pay in consequence of the complaints. .
- 7.5 ABITARI's exemption from liability set in the previous paragraph, ABITARI may at any time take any necessary action to protect both its legal assets and those of any third party that may be at risk. By way of example, ABITARI may: 1) suspend, alter or delete all or part of the information contained in your Account with or without notice to the User; 2) to inform the competent authorities of any behavior carried out by a User suspected of being subject to any complaint, or of breaching any of the sections of these Terms of Use; 3) to comply with any requirement of a competent authority or third party having legitimacy in relation to information contained in its Account.
8. Promotional offers
- 8.1 In the case of accessing a promotional offer, the User will be notified both of the validity of the offer and of the conditions to which it will be submitted.
- 8.2 When an offer is announced, the price will be that of the offer, even if that price is higher in other places.
9. Intellectual and industrial property.
- 9.1 All trademarks, trade names, contents, structure, design and presentation of the elements and any other information appearing on this website are ABITARI’s property and are protected by industrial and intellectual property rights.
- 9.2 The user is not allowed to reproduce, transform, distribute, publicly communicate and, in general, any other form of exploitation of the items referred to in the previous section without express authorization of ABITARI.
- 9.3 The User shall refrain from using means that may suppress, alter, circumvent, or manipulate any security devices or security systems that may be installed and that involve a risk or damage for the website and/or its contents.
- 9.4 ABITARI shall not be liable for any improper use by third parties of any of the following: this web page, nor of the information that through it transmits to third parties. The use of the contents that the User can make and the possible consequences, damages or prejudices that could be derived, are of the exclusive responsibility of the User. ABITARI is excluded from damages caused to Users by the use of links, directories and search tools, which allow Users to access websites owned and/or managed by third parties as well as the Presence of viruses or other malicious code in content that can cause any type of damage to the computer system, electronic documents or user files. ABITARI reserves the right to take any legal action it considers appropriate arising from any unlawful use by third parties of the contents of its website.
10.
Non-compliance, legislation and applicable law
- 10.1 If any clause included in these Terms of Use is declared wholly or partially, void or ineffective, such nullity or ineffectiveness will only affect that provision or part as null or ineffective, the present Conditions of use remaining in all other matters, being considered such provision totally or partially not included.
- 10.2 Any User who fails to comply with any of the Conditions of Use may be blocked. In addition, ABITARI will pursue the breach of the conditions as well as any improper use of its portal by exercising all civil and criminal actions that may correspond to it in law.
- 10.3 These Terms of Use shall be governed by and construed in accordance with Spanish law. Both parties agree to submit any controversy that could arise, to the Courts and Tribunals of the city of Barcelona, Spain, unless the law adds different information.