TERMS AND CONDITIONS OF USE

Terms and Conditions of Use 2018-07-11T16:50:41+00:00

1. Holder

The present website www.gofamiling.com (hereinafter, the “Website”) is owned by FAMFUN GO, SL (hereinafter, “GOFAMILING”), a company incorporated under Spanish law, with registered office on the Street Cocheras, 4, portal H 4º1, 28007 Madrid, with CIF B-87660635 and registered in the Mercantile Register of Madrid, Volume 35.245, Folio 174, Section 8, Sheet M-633741, 1st Inscription and with email address info @ gofamiling.com.   

2. The Website

2.1 Purposes and recipients

This legal notice (hereinafter, the “Legal Notice”) regulates the use of the Website, as well as its access, free navigation and, in general, the relationship of the owner of the Website with any natural person, over 18 years, accessing it (hereinafter, referred to individually as the “User” or collectively as the “Users”. 

The Website provides Users general information about GOFAMILING, its services and activities (hereinafter, the “Content”), all in accordance with this Legal Notice.  

GOFAMILING is an online market (hereinafter, the ” Marketplace Service “) that, on the one hand, (a) allows Users (hereinafter “Bidding Users”) to offer certain services to third parties consisting of (i) the leasing of family tourist accommodation abroad and (ii) the reservation of activities, of one or several days, recreational-training for minors abroad (hereinafter, the ” Services Offered by the User Bidder “) through the publication of advertisements (hereinafter, the” Advertisements “) and, on the other hand, (b) allows Users to contract said Services through the Website (hereinafter” Contracting Users “). Both types of Users must be previously registered on the Website in order to perform any of the two actions listed in sections (a) and (b) above, filling in all those mandatory data in accordance with the registration process established in the General Conditions of Contracting. 

In addition, GOFAMILING offers through this Website the service of flight search, rental vehicles and holiday insurance, among others (hereinafter, the ” Search Service “). 

Thereafter, the Marketplace Service and the Search Service will be referred to collectively as the “Services”. 

GOFAMILING does not own, create, sell, resell, supply, control, manage, offer, deliver or lend any Ad or any of the Services Offered by the Bidding User. The Bidding Users are exclusively responsible for their Ads and the Services Offered by the Bidding User. When the Contracting Users make a reservation and / or purchase of any of the aforementioned services, they sign a contract directly with the Bidding Users. GOFAMILING is not and will not become a party or a participant in any contractual relationship between Bidding and Contracting Users, nor does it constitute a real estate or insurance agent. GOFAMILING does not act as an agent in any capacity for any User. 

3. Terms of use

3.1 Purpose and acceptance

The purpose of this Legal Notice is to regulate the legal conditions of use of the Website, as well as its access, navigation and, in general, the relationship of the owner of the Website with the Users. Those who freely access the Website are bound by the mere access to observe them. Therefore, access and navigation through the Website implies acceptance of them expressly and without reservation through a “click” on the button at the bottom of the forms:

I have read and accept the conditions of use, legal notice and privacy policy

In order to use and fill out the forms on the GOFAMILING website, the user must be over 14 years old or have the authorization of the parents and / or legal guardians

Reservations or purchases of products or services from bidding users chosen by the contracting user on the GOFAMILING website will be subject to the specific terms and conditions that such bidding users establish for each case.

Likewise, the flight tickets issued in favour of the Contracting User will contain important notices, including, among others, information for international passengers regarding the limitations of liability and notices regarding limitations of liability in the matter of baggage. The User agrees to accept and respect the terms and conditions of purchase established by any provider with which the User chooses to contract, including, but not limited to, the payment of any accrued amounts and compliance with any rules and restrictions on the availability of rates, products or services. In case there are special rules or restrictions that affect certain rates, products or services selected by the User, such rules or special restrictions will be revealed to the User on the screen before proceeding with the reservation.

3.2 Use of the Website

Navigation through the Website is free and does not require registration. The registration on the Website is only necessary for the provision of the Services Offered by the Bidding User and to contract any of said Services. Likewise, any User wishing to register on the Website must complete the form provided for that purpose on the Website. Once you fill in the form with your information and choose your password, you will be assigned a username. Please note that although access to the Website is free, this implies a consumption of data, so GOFAMILING is not responsible for the costs arising from the reception and sending of data of the Internet connection in which it incurs the user (for more information consult your operator). The registration on the Website will grant the User the category of “Registered User”. 

The contracting user will have a search engine on the home page of the GOFAMILING website, and also on the “Prepare your vacation” tab. From here you can access information on all the services of the bidding users (camps, houses, flights, rental cars, insurance, etc.), being able to hire some camps on the GOFAMILING website, and others and the rest of the services directly on the website of the bidding user.

The booking payments will be made in some cases through the web managed by providers of external payments (Stripe), and in other cases, will be made on the website of the bidding users , being the Payment Services subject to the conditions of payment thereof. The latter also applies in the case of the other services offered on the GOFAMILING website.

3.3 Unauthorized behavior

Those who access the Website must observe the applicable legislation, the ethical codes and the conditions contained in this Legal Notice. GOFAMILING reserves the right to immediately disable or block access to the Website to any User, in the event that it infringes the terms set forth therein, the rights of third parties or that it is considered that the User makes an incorrect, excessive use or abusive of the Website in accordance with the provisions of this Legal Notice.  

It will be considered for these purposes as misuse, excessive and / or abusive, anyone who goes against the general principles of good faith, morality and public order , which causes or may cause any damage to the Website and / or to third parties as well as their respective interests, including copyright and behavior aimed at disabling or deteriorating the operation and usability of the Website as well as those that violate any specific instructions and / or warnings that have been communicated, by GOFAMILING or of the personnel designated by it for this purpose. In particular, with a merely enunciative but not limiting character, the following behaviors will be considered as such:

 

a. Deny the Services provided by GOFAMILING.
b. The use of computer viruses or any other code, file or program that is designed or intended to interrupt, damage, or limit the operation of any software, hardware or telecommunications equipment, or damage or gain unauthorized access to data or other information of the Website or any third party.
c. Remove technical protections from computer programs or try to prove the vulnerability of any system or network of the Website or violate any security or authentication measures.
d. Use false identities or supplant the identity of others in the use of the Website, including the use, where appropriate, of passwords or access codes of third parties.
e. Use for commercial purposes the contents of the Website when this is not expressly authorized.
f. Associate contents of the Website with information or comments that violate respect for the dignity of people, be discriminatory, attempt against youth or childhood, be racist, violent or incitement to hatred (including the advocacy of terrorism), be it pornographic nature, relating to any type of exploitation of a racist, xenophobic nature or linked to terrorism or arms trafficking or any other that, in your opinion, is not suitable for the Website.
g. Failure to comply with the technical requirements or specifications established for access to the Website.
h. Promote, carry out, support or encourage actions contrary to free competition or that constitute unfair competition.

As soon as a User or a person affected by a comment or content on the Website detects that the provisions of this stipulation have been violated, they must notify GOFAMILING immediately by sending an email to the address info@gofamiling.com including the mention of the content in question and where it is located, a description of the alleged infringement of rights as well as the complete contact details of the complainant. 

3.4 Usage information for minors

In order to use and fill out the forms on the GOFAMILING website, the user must be over 14 years of age or must have the authorization of the parents and/or legal guardians. The website may contact the user at any time to demonstrate the actual age and, in this case, prove that the user has the corresponding authorization from the parents and/or legal guardians, in order that the user has a copy of its official identity document to this effect, as well as the rest of the documentation that may be necessary for this verification by the website, in case of not doing so or not doing it correctly, GOFAMILING can unsubscribe the user from the website.

It can also be requested that the legal representation of the persons who are represented as representatives of the minor be accredited if GOFAMILING had doubts about the legitimacy.

These conditions of Use affect your legal rights and obligations. If you do not accept all the conditions of use, do not access or use the Service.

3.5 Suspension of the Website

The operation of the Website is supported by servers of service providers, connected by public and private communications infrastructures.  

GOFAMILING will do everything possible to ensure the proper functioning of the Website, however, cannot ensure the absence of interruptions for technical reasons in order to perform repair tasks, and / or maintenance or lack of coverage or failures in the equipment and / or networks necessary for the transmission of data, which are beyond its control.

Thus, access to the Website may be suspended due to force majeure (unforeseeable causes or that, foreseen or foreseeable, are unavoidable) such as those expressed below in an enumerative but non-limiting manner:

 

a) Failures in the electricity or telephone network supply,
b) Virus attacks on the servers that support the Website,
c) Errors of users in accessing the Website,
d) Fires, floods, earthquakes or other acts of nature,
e) Strikes or labor disputes,
f) War conflicts or other situations of force majeure.

GOFAMILING is exempt from any type of liability if any of the circumstances indicated in this stipulation materialize.

4. Contents included

4.1 Legal protection of contents

GOFAMILING owns the rights of exploitation of intellectual and industrial property of the Website including all the Contents and elements of it (for example, texts, images, audio and videos) available from the Website, as well as those that have been hosted. in third-party sites either because they are your property, or because you have obtained the appropriate rights for their use. Likewise, GOFAMILING has obtained the appropriate authorizations relating to image rights of those who appear on its Website.  

It is forbidden the total or partial reproduction, copy or distribution of the Content, without express authorization by GOFAMILING. In no case will it be understood that the User’s access and navigation implies a waiver, transmission, license or total or partial cession of said rights by GOFAMILING. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, transmit, use, treat or distribute in any way all or part of the Contents and elements of the Website for public or commercial purposes, if you do not have the express and written authorization of GOFAMILING. 

Therefore, in accordance with the previous paragraph, the User may, in addition to viewing the Contents and elements of the Website, make prints, copies or downloads thereof provided that such actions are directed exclusively to their personal and private use.  

The use of GOFAMILING contact data (postal address, telephone number, e-mail address) for the sending of any type of commercial communication is also prohibited, unless the necessary authorizations are previously available according to the applicable regulations

4.2 Content provided or generated by the Registered User

On the Website there are open fields where Registered Users can provide the content they want, for example, the photographs of their Ads or the comments (hereinafter, the “Content Generated by the Registered User”).Therefore, the Registered User grants a license to GOFAMILING on the User Generated Content for free, non-exclusive, for the entire world territory, with the capacity to transfer to third parties and for the maximum period allowed by law, so that GOFAMILING may use it through any means, either as part of the Website itself or for any other purpose that GOFAMILING may carry out such as, for purposes of exhibition, but not limitation, promotion, and publicity. Specifically, the Registered User transfers the rights of reproduction, transformation, distribution and public communication (including its method of making it available to the public).  

The Registered User guarantees to GOFAMILING that he is the author or exclusive owner of the Content Generated by the User that contributes, that it is original content and that, therefore, it does not infringe the rights of third parties. In this regard, the Registered User undertakes to indemnify and hold GOFAMILING harmless in the event that any claim by third parties related to the provisions herein is breached due to the non-observance of the provisions of this stipulation. 

GOFAMILING is not responsible for the Content Generated by the Registered User (including opinions or comments made by Users through comments or other tools available on the Website) since GOFAMILING does not administer or moderate said content. However, it reserves the right to withdraw, without prior notice and immediately, any Content Generated by the Registered User that violates the provisions of this Legal Notice. 

4.3 Associated brands and logos

The brands incorporated in the Website are owned by GOFAMILING or by third parties, with authorization for use on the Website.  

Those who browse the Website are prohibited from using such trademarks, logos and distinctive signs without the authorization of the owner or the license to use them.  

4.4 Links to other Websites

Mentions that on the Website can be made to other websites of third parties, will be purely informative. GOFAMILING does not develop or administer these pages nor is the owner of the aforementioned Internet addresses unless expressly indicated. Therefore, GOFAMILING will not be responsible for the contents that they incorporate, neither for the damages or damages derived from said access, nor for those generated by the services that they provide.  

GOFAMILING authorizes the establishment of links and hyperlinks from other websites to the home page of the Website, this is to the address www.gofamiling.com. However, anyone who intends to establish a link between their website and the Website will do so respecting the following conditions:  

 

a) The website on which the link is established will not contain information  or illegal content, contrary to morality, good customs, public order or any third party rights.
b) It will not be declared or implied that GOFAMILING has expressly authorized the link or that it has previously  supervised, assumed or recommended in any way the services  offered or made available on the website that establishes the link  to the Website. It is therefore recommended to anyone browsing  the Website that extreme prudence in the assessment and use of information, content and existing services in the linked sites.
c) The establishment of the link does not imply in any case the existence of relations between GOFAMILING and the owner of the web page in which the link is incorporated.

5. Protection of personal data

GOFAMILING undertakes to treat the personal data of every User in accordance with the provisions of the legislation in force in this matter. Specifically, GOFAMILING undertakes to apply the provisions in the LO 15/1999, of December 13, Protection of Personal Data (hereinafter, the “LOPD”) and Royal Decree 1720/2007, of January 19, which approves the Regulation of development of the LOPD (hereinafter, the “RLOPD”).  

The complete regulation on this matter is found in our Privacy Policy, reserving GOFAMILING the right to cancel and delete any Registered User account that violates the provisions of the same. 

6. Legal responsibilities

The User will use the Website at his own risk. By accessing the same, it is obliged to use in accordance with the laws and ethical codes that are applicable and the conditions contained in this Legal Notice.

Failure to comply with any of the rules included in this Legal Notice or the legislation in which they are protected will result in your liability to GOFAMILING and / or to third parties for any loss or damage that may be caused as a result of such breach, regardless of whether this implies the materialization of an unlawful act, an administrative sanction, a fault or a crime and will entitle   GOFAMILING to, if applicable, demand responsibility in the civil, administrative, labor or criminal fields that may correspond.  

GOFAMILING is not liable for any damage caused to the User or third parties as a result of a breach attributable to the User or the alteration of the User’s equipment. 

GOFAMILING also assumes no responsibility for illegitimate interference through the use of computer viruses or any other source, the improper use of the Website by the User or security errors caused by the incorrect operation of the terminal equipment used by the User.

7. Use of Cookies

GOFAMILING uses its own and third-party cookies to remember the User’s preferences in terms of use, as well as to measure the number of visits and interactions of Users with the Website. You can find more information about the use of cookies in our Cookies Policy.

8. Publication of standards: use and update

This Legal Notice (including the Conditions of Use, as well as the Privacy and Cookies Policy) is available to those who access the Website in their capacity as Users or interested in the activities of GOFAMILING, they can consult it and print it without registering (Registered users).  

The content of the rules contained in said Legal Notice will be adapted according to the modifications that occur in the applicable legislation, the structure of the organization, the services, the design and the technical specifications of the Website, the technological infrastructure, with which will be updated periodically and without prior notice.  

Therefore, we suggest, recommend and invite you to check it periodically to verify your changes over time.   

9. Applicable Law and Jurisdiction

This Legal Notice will be interpreted in accordance with Spanish legislation. Due to the supranational nature of the electronic communications infrastructures, those who access the Website from other countries must also observe the applicable legislation promulgated by each state, to the extent that they are of imperative application. 

For the resolution of any controversy or discrepancy that may arise in relation to the existence, validity, interpretation, application, execution, breach or nullity of this Legal Notice will apply the mandatory rules on applicable legislation and jurisdiction.