TERMS AND CONDITIONS
Welcome to the www.1book.com website (the “Website”). The purpose of this Website is to provide customers with travel information, determine the availability of tourist businesses, facilities, goods, services, and products, and make legitimate reservations related to such Products and Services. These Terms and Conditions are intended to protect all visitors and Users of this Website, and your access to and use of this Website means that you agree to these Terms.
The terms “we,” “us,” “our,” “1BOOK,” “Companies,” or “1BOOK Companies” refer to one or more companies of the 1BOOK Corporate Group. “1BOOK Associate” refers to any website marketed jointly with the Companies and/or any associated website through which we offer links, content, or services. The term “you” refers to the customer or User visiting the Website and/or booking a reservation, either through our Website or through our customer service agents.
As a registered 1BOOK member (“Member”), your access or use of this Website to book a reservation or purchase travel Products or Services (“Supplier”) or contacting one of our agents at the Call Center, you accept the applicability and agree to bind yourself to the Terms and Conditions, as well as to those terms and conditions that the Suppliers may establish on their websites applicable to your reservation if any. These Terms and Conditions will prevail over any other term and condition.
1BOOK reserves the right, at its sole discretion, to modify, amend, or update these Terms and Conditions or to change or remove any features of this Website at any time without prior notice. This will be announced on the Website or through the email address you have given us. Such changes, modifications, and updates to the Terms and Conditions will be effective upon publication. You agree to abide by such modified, amended, and updated Terms if you access or use this Website after 1BOOK has published a notice of such modifications, amendments, or updates.
Under this Agreement, all references to the “Parties” include you (the customer visiting the Website) and 1BOOK.
I. PRIVACY NOTICE
Registration data and other information you may send or provide to 1BOOK through this Website is subject to the 1BOOK Privacy Notice. For more information about the use of 1BOOK and the protection of your information, please see the 1BOOK Internet Privacy Notice at https://www.1book.com/privacy-notice/.
II. USE OF THE WEBSITE
As a condition of your use of this Website, you confirm that:
We reserve the right to deny anyone access to this Website and the Services we offer, at our sole discretion, at any time and for any reason, including but not limited to breach of these Terms and Conditions, if we believe that there may be any violation of any legal provisions, regulations, treaties, or any other standard, or if we consider that a given action jeopardizes the Website.
III. PROHIBITED ACTIVITIES
The content and information on this Website (including, but not limited to, prices and the availability of travel Products or Services) as well as the infrastructure used to provide such content and information, is proprietary to us, and where applicable, to our Suppliers. While you may make limited copies of your travel itinerary (and related documents) for the travel or service reservations booked through this Website, you agree not to modify; otherwise, copy, distribute, transmit, display, perform, reproduce, publish, license, amend, transfer, sell, or resell any information, software, products, or services obtained through this Website. In addition, you agree not to:
If your booking or account shows signs of fraud, abuse, or suspicious activity, 1BOOK may cancel any travel or service reservations associated with your name, email address or account, and close any associated 1BOOK account. If you have conducted any fraudulent activity, 1BOOK reserves the right to take any necessary legal action, and you will be liable for any monetary loss sustained by the 1BOOK Companies or any one of them, including the costs and expenses of litigation. To contest the cancellation of a reservation, suspension, or closure of an account, please contact 1BOOK Customer Service.
You are specifically prohibited from using this Website, and you agree not to use or permit others to use this Website for any of the following purposes:
IV. 1BOOK MEMBERSHIP
All Membership Requests are subject to verification and acceptance by 1BOOK at its sole discretion. 1BOOK will notify you if your membership request has been accepted. If 1BOOK denies a request, it is under no obligation to disclose the reasons for doing so.
As a User, you warrant that the information provided is correct when requesting the 1BOOK Membership; otherwise, your Membership may be invalidated.
You agree and acknowledge that Users are responsible for providing accurate information and must notify 1BOOK of all changes made to the information provided.
1BOOK Membership grants access to the www.1book.com Website by paying a Subscription Fee and, in due course, the Annual Membership Fee. 1BOOK reserves the right to offer and provide, from time to time, the acquisition or renewal of the Memberships with some type of promotion or Benefit to the User, which will be offered for a limited time and/or to Users at specific Membership Tiers.
Through this access, Members may receive the Benefit through reservations booked with the Suppliers indicated on our Website.
In addition, Users may book other types of products and/or services besides accommodations, with a commercial fee or rate approved for the general public or at the preferential rate, as may be determined from time to time by the Supplier of said service and/or product. 1BOOK is not required to offer or grant preferential fees or rates or any type of discount on any of the products and/or services other than those offered by the Suppliers.
Failure to pay the Annual Membership Fee will result in the suspension of Membership effective the day following the payment due date.
C. MEMBERSHIP RULES
Your Membership is exclusive to you; therefore, it is not transferable. You may use benefits, and if applicable, in conjunction with other family and friends, for up to eight rooms.
All reservations booked must be for your personal use only. Therefore, Members are not allowed to resell reservations made through a 1BOOK Membership. Members accept and acknowledge that a breach of this rule could lead to the Membership’s cancellation without the right to a refund.
Access to and use of the Member section on the Website is through a username and password combination and is reserved exclusively for Members. You are solely responsible for maintaining the confidentiality of your username and password and agree to notify 1BOOK immediately if you believe there has been any security breach, such as unauthorized use of your username and password.
1BOOK membership is only available to people over 18 years of age. Any attempt by individuals under 18 to use the Website will be null and void.
You are only entitled to Benefits once you have been accepted as a 1BOOK Member.
1BOOK reserves the right to eliminate or change any of these Services and/or Products and/or to refuse to provide the Services and/or Products requested.
You agree and acknowledge that the Suppliers are responsible for providing you with the services, products, and benefits you select; therefore, 1BOOK is only the intermediary.
Suppliers may impose their own terms and conditions that you are required to meet. These terms will be disclosed and explained in each reservation you book as a Member on this Website. This means that you must read and accept them for each reservation.
When requesting a Product or Service or accessing a Benefit, you may need to provide your Payment Card details. If you request and authorize 1BOOK to use your Payment Card to pay a Supplier for Products or Services, you acknowledge and agree that 1BOOK shall not be responsible or liable in any way with respect to the use of your Payment Card, provided that 1BOOK acts in accordance with the instructions you have issued. You agree that any information you provide to us for the purpose of booking, requesting, or purchasing Products or Services is correct, that the Payment Card you are using is yours, and that there are sufficient funds to cover the cost of the Product or Service. You also authorize that in the event of any cancellation of a reservation, for any reason, 1BOOK may retain the Transaction Fee from the payment made for the reservation and deduct it from the refund for the cancellation.
When making the purchase with our Suppliers through the Website, all Members must show the Supplier their confirmation of the booking to redeem a Product or Service and an official identification document when presenting such confirmation for the purposes of validation. 1BOOK bears no liability if the Supplier denies such Service or Product in the absence of such validation, or the Supplier will have the right to charge the full fee and not the reduced rate as a benefit of the Membership.
D. MEMBERSHIP BENEFITS
As a member of 1BOOK, you are entitled to all the Benefits listed on our Website. The descriptions of all the Benefits shown have been provided and approved by the corresponding Supplier; therefore, 1BOOK is not responsible for the accuracy and description of the Products and Services.
As a registered 1BOOK Member, bear in mind that Suppliers and Benefits are subject to availability and may change from time to time, without prior notice.
In addition, prices are subject to changes without notice and, where applicable, may vary as set by the Supplier, whether for services provided by the hotel, local taxes, or any other circumstances established by the hotel or local regulations. Please call the hotel directly or check its Website for these items.
1BOOK makes every effort to keep Benefits available at all times and permanently negotiates new Benefits so that you may receive the maximum use of your Membership. If any of the Benefits become unavailable, we will make every effort to ensure the fulfillment of these commitments to the fullest extent possible; however, we will not be liable for Supplier actions outside our control.
Members should always log in to the 1BOOK Website to view each offer’s additional details and ensure their understanding of all terms related to any offer.
The Subscription Fee and the Annual Membership Fee are communicated at the time of your Request and on the Website before payment.
You acknowledge that the Subscription Fee’s payment and the Annual Renewal Fee constitute your express Request that we begin or continue to provide you with our Services for a given period.
1BOOK reserves the full right to cancel or suspend your Membership for any reason, at its sole discretion.
The Subscription Fee and the Annual Renewal Fee are not refundable for any reason, except as set forth in the paragraph that follows.
If 1BOOK suspends Membership for reasons not attributable to the User, in other words, if the latter has not breached the Terms and Conditions or misused the Membership or Website, 1BOOK will reimburse the balance of the Annual Renewal Fee on a prorated basis with respect to the remaining period to which such fee applies. The refund shall not apply if Users request the suspension or cancellation of the Membership for any reason.
Subscription Fees are due upon accepting your Request for Membership and annually after that (“Renewal Date”). The Annual Membership Fee is only paid once a year and renewed with the User’s authorization. If the User’s express authorization is not obtained, Membership will be suspended without any liability to 1BOOK.
You authorize 1BOOK to charge the Annual Membership Fee to your designated Payment Card. If 1BOOK does not store your payment details, you will be contacted directly by telephone, email, or through the Website one month in advance of the expiration date. If 1BOOK does not receive an answer by email or telephone within 15 (fifteen) days, the Membership will be suspended, without any liability to 1BOOK.
All Members will be notified of any increase to the Fees or any special rates arising from promotions before the renewal date. This notification may be made through the Website, email, or through marketing or call center efforts.
If you do not wish to renew the Membership, you must notify us in writing 30 (thirty) days before your Renewal Date or, in the absence of your authorization, in the terms described above.
1BOOK may, upon your Request, purchase Products or Services on the Website on your behalf. In the event that we act as a booking agent in this regard, you hereby authorize 1BOOK to deduct the payment by any valid payment method on the Website.
Notwithstanding the provisions outlined in the reservation cancellation policies, 1BOOK may retain the Transaction Fee, that is, 3.5% of the Booking Fee, from the payment made for the reservation and deduct it from the refund made for such cancellation to the User.
V. SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions will apply to your reservation and purchase of the travel-related Products and Services you select. Please read these additional terms and conditions carefully. In particular, if you purchased a ticket, be sure to read all the terms and conditions of carriage issued by the travel Supplier, which can be found on the Supplier’s Website. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to acquire the services, including, among others, the payment of all amounts when due and compliance with the Supplier’s rules and restrictions regarding availability and use of fares, products, or services.
You acknowledge that some external Suppliers offering certain services or activities may require that you sign their liability waiver before participating in the service or activity they offer. You understand that any violation of any rule and Supplier restriction may result in the cancellation of your reservation or being denied access to the applicable travel Product or Service, with no right to a refund for the amounts paid for such reservations and/or in our debiting your Payment Card for any costs we incur as a result of such breach.
1BOOK does not provide any recommendations regarding any of the information and suggestions contained in the Services.
You authorize the 1BOOK Companies to book reservations for the total reservation price described on the Website. You agree that the 1BOOK Companies will charge your Payment Card for the reservation price. Upon submitting your reservation request, you authorize 1BOOK Companies to book hotel reservations on your behalf. It is your responsibility to ensure that the Payment Card has sufficient funds to cover the cost of the Products or Services.
Booking Fees must be paid in full before using the reservation and in accordance with the timelines established in the confirmation of said reservation; otherwise, the reservation will be canceled without liability to 1BOOK, which will refund the amount of the Booking Fee minus the Transaction Fee.
You may cancel or change your paid hotel reservation; however, you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation or the Services or Products contracted.
If you do not cancel or change your reservation before the period indicated by the cancellation policy applicable to the hotel you reserved, which varies by the hotel before your date of arrival, you will be subject to a charge equal to the applicable nightly rates, tax recovery charges, and service fees, in addition to the Transaction Fee. If you are a no show on the first night of the reservation and plan to check-in for subsequent nights included in your reservation, you must confirm the changes to the reservation before the first night of the reservation to prevent cancellation.
You agree to pay the cancellation or change charges you may incur. In exceptional cases, some hotels do not allow changes or cancellations after booking, as indicated in the booking rules and restrictions. You agree to comply with the Terms and Conditions imposed with respect to your prepaid hotel reservation.
Sales, use, and/or local hotel occupancy taxes are applied to the amounts we charge for our services (Service and/or Facilitation Fee) in certain jurisdictions. Actual tax amounts on our services may vary depending on the rates in effect at the time of your stay.
Notwithstanding the foregoing, the hotel may charge additional amounts to the rates we provide, whether for services provided by the hotel, local taxes, or any other item established by the hotel or local regulations. To find out what these items are, you should check the hotel’s Website or communicate directly with it.
You may not book more than eight rooms online for the same hotel and stay dates. Members must always be a guest or customer. If we determine that you have booked more than eight rooms in total in separate reservations, we may cancel your reservations and charge you a cancellation fee, if applicable, as well as the Transaction Fee. If you paid a non-refundable deposit, your deposit would be forfeited.
Some hotel Suppliers may ask you to present a credit card or cash deposit upon check-in to cover incidental expenses you may incur during your stay. This deposit is unrelated to any payment received by 1BOOK for your hotel reservation.
VII. BANK AND CREDIT CARD CHARGES
1BOOK or the Supplier may need to verify: (i) the validity of the Payment Card through a nominal charge to be refunded within a few days or deducted from the final payment to the travel Supplier, and (ii) the availability of funds on the Payment Card to be confirmed by the bank issuing the credit card.
Some banks and credit card companies impose charges for international or cross-border transactions. For example, suppose you make a reservation using a U.S.-issued credit card with a merchant located outside of the United States. In that case, the bank is likely to charge an international or cross-border transaction fee. In addition, booking international travel may be considered an international transaction by your bank or credit card company since we may pass your credit card information to an international travel Supplier for the applicable charges. In addition, some banks and credit card companies impose currency conversion fees. For example, suppose you book a reservation in a currency other than that of your credit card. In that case, your credit card company may convert the reservation amount to your credit card currency and charge you a currency conversion fee. The currency exchange rate and foreign transaction fee are determined solely by your bank when the transaction is processed. Please contact your bank to address any questions you have about these charges or the exchange rate applied to your reservation.
Users accept and acknowledge that 1BOOK will not refund any of the bank charges mentioned above.
VIII. CURRENCY CONVERTER
The rates on the Website will be reflected in U.S. dollars. A currency converter may be available for your convenience, subject to the following terms and conditions: Currency rates are based on various publicly available sources and should only be used as guidelines. Rates are not exact, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter for the last update. The information supplied by this application is believed to be approximate, but 1BOOK Companies and Associates and/or our respective Suppliers do not guarantee such accuracy. When using this information for financial purposes, we suggest that you consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use, and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes. You agree that 1BOOK is not liable for exchange rate inaccuracies that appear from time to time on the Website.
IX. INTERNATIONAL TRAVEL
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), and all other foreign entry requirements are in order. 1BOOK has no special knowledge about foreign entry and stay requirements or travel documents. We recommend that Users review travel prohibitions, warnings, announcements, and advisories issued by the corresponding governments before booking travel to international destinations.
Requirements may change, and you must verify the updated information prior to booking and departure. We assume no liability if you are refused entry to a flight or country due to your failure to carry the correct and adequate passport, visa, or any other travel document required by the airline, cruise ship, railroad, or any other means of transportation, authority, or country, including countries where in transit. This includes all stops made by the aircraft, cruise ship, or train if you do not leave the aircraft or airport, port, or station.
Health Matters. Recommended inoculations for travel may change; therefore, you should consult your doctor for current recommendations before departure. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medications, and follow the medical advice related to your trip.
Disinsection: While not common, some countries reserve the right to disinfect aircraft, cruise ships, train cars, or any other means of transport if there is a perceived threat to public health, agriculture, or the environment.
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS, IN PARTICULAR TO INTERNATIONAL DESTINATIONS, 1BOOK DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IT IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
Your contract for the purchase of Products or Services is entered into only with the relevant Supplier. 1BOOK acts as an intermediary for the Supplier and, unless expressly stated otherwise, all claims concerning your rights and remedies must be filed against the Supplier.
1BOOK will have no liability to you for losses, damages, costs, expenses, or other claims for compensation arising from requests or instructions provided by you that are incomplete, incorrect, or inaccurate or arising from your late arrival non-arrival, or any other reason outside of our control.
1BOOK will not be liable to you or be deemed to be in breach of these Terms and Conditions due to a delay in performance or failure to perform any of our obligations in relation to the Services if the delay or failure is due to a cause beyond our reasonable control.
The Information, Software, Products, and Services advertised on this Website may include inaccuracies or errors, and even pricing errors. In particular, the companies comprising or that belong to the Corporate Group 1BOOK belongs to, and the 1BOOK Associates and its partners, shareholders, officers, and/or employees do not guarantee the accuracy mentioned above. Therefore, they are exempt from all liability for any error or other inaccuracy related to the information and description of the hotel, airline, cruise ship, automobile, and other travel products and services displayed on this Website (including without limitation, prices, photographs, the list of hotel amenities, general descriptions of the product, and others) because the Suppliers and the Users themselves provide said information.
1BOOK also expressly reserves the right to correct any pricing error on our Website or pending reservations booked at the wrong price. In this case, if applicable, we will offer you the possibility of keeping your reservation at the correct price or will cancel your reservation without penalty.
Hotel reviews displayed on this Website are intended as a general guide only. The Company and 1BOOK Associates do not guarantee the accuracy of the reviews. 1BOOK Companies and Associates and their respective Suppliers do not guarantee the availability of specific products and services. 1BOOK Companies and Associates, and their respective Suppliers, may improve and/or make changes to the Website at any time and without prior notice.
1BOOK Companies and Associates and their respective Suppliers do not make any representations about the suitability of the information, software, products, and services included in this Website for any purpose, and the inclusion or offer of any Product or Service on this Website does not constitute a promotion or recommendation of said Products or Services by 1BOOK Companies and Associates. Such information, software products, and services are provided “as is” without any warranty of any kind. THE 1BOOK COMPANIES AND ASSOCIATES AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS, OR ANY EMAIL SENT ON BEHALF OF THE 1BOOK COMPANIES AND ASSOCIATES AND THEIR RESPECTIVE SUPPLIERS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE 1BOOK COMPANIES AND ASSOCIATES AND THEIR RESPECTIVE SUPPLIERS, HEREBY, THROUGH THIS AGREEMENT, DISCLAIM ALL WARRANTIES AND CONDITIONS RELATING TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS IMPLIED IN THE MARKETABILITY AND SUITABILITY OF A GIVEN REQUEST, TITLE, AND NON-VIOLATION COMPLAINT.
The carriers, hotels, and other Suppliers providing the travel and other services posted on this Website are independent contractors and are not agents or employees of the 1BOOK Companies or Associates. The 1BOOK Companies and Associates are not liable for any Supplier’s acts, errors, omissions, representations, warranties, violations, or negligence, or any personal injury, death, property damage, or other damages or expenses resulting from such. 1BOOK Companies and Associates are not liable or will not provide any type of refund in the event of a delay, cancellation, overbooking, strike, Act of God or force majeure or other cases beyond their direct control or that have not been directly caused by the Companies, and they are not liable for any expense, omission, delay, change of route, or authority or government actions.
1BOOK COMPANIES OR ASSOCIATES WILL NOT BEAR ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR SAVINGS) ARISING FROM, LINKED TO, OR RELATED TO SERVICES ADVERTISED ON THIS WEBSITE, EVEN IF 1BOOK COULD HAVE ANTICIPATED OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, IN TORT, OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL THE 1BOOK COMPANIES OR ASSOCIATES AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED IN ANY WAY TO YOUR ACCESS TO THE WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, VIEW OR USE THIS WEBSITE (INCLUDING BUT NOT LIMITED TO THE TRUST PLACED IN OPINIONS THAT APPEAR ON THIS WEBSITE, COMPUTER VIRUSES, INFORMATION, SOFTWARE, RELATED SERVICES AND LINKS OBTAINED THROUGH THIS WEBSITE; OR THAT RESULT FROM ACCESSING, VIEWING, OR USING THIS WEBSITE), BASED EITHER ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, RULES, AND CONSUMER PROTECTION STATUTES OR CONSUMER PROTECTION OR ANY OTHER CAUSE, EVEN IF THE 1BOOK COMPANIES AND ASSOCIATES AND/OR THEIR RESPECTIVE SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
IF, NOTWITHSTANDING THE LIMITATION ESTABLISHED ABOVE, THE 1BOOK COMPANIES AND ASSOCIATES OR THEIR RESPECTIVE SUPPLIERS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR SOMEHOW RELATED TO ANY OF THE EVENTS MENTIONED ABOVE, THE LIABILITY ASSIGNED TO THE 1BOOK COMPANIES AND/OR ASSOCIATES AND/OR THEIR RESPECTIVE SUPPLIERS WILL NOT EXCEED THE LARGEST OF THE FOLLOWING AGGREGATE AMOUNTS IN ANY WAY, SHAPE, OR FORM, OR MANNER: (A) THE SERVICE CHARGES YOU PAY 1BOOK MEMBER MEX IN RELATION TO THAT TRANSACTION FROM THIS WEBSITE OR (B) USD 100.00 (ONE HUNDRED .00/100 U.S. DOLLARS) OR THE EQUIVALENT IN LOCAL CURRENCY.
The limitation of liability reflects the allocation of risk between the Parties. The limitations specified in this section will survive and apply even if it found that the limited remedy specified in these Terms and Conditions did not serve its essential purpose. The limitations of liability specified in these Terms and Conditions are for the Benefit of the 1BOOK Companies, 1BOOK Affiliates, and/or their respective Suppliers.
You agree to defend, indemnify and hold harmless the 1BOOK Companies and Associates and/or the respective Suppliers and all of their officers, directors, officers, employees, and agents against any claim, causes of action, lawsuit, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to reasonable legal and accounting fees, incurred by third parties as a result of:
XII. LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks to websites operated by parties other than 1BOOK. Such hyperlinks are provided for reference only. We do not control these websites and are not responsible for their content, privacy, or other practices of such websites. In the same manner, it is up to you to take precautions to ensure that the link you select or the software you download (from this Website or another) is free of viruses, worms, Trojans, defects, and other elements of a destructive nature. Our inclusion of hyperlinks on such websites does not imply the endorsement of the material on such websites or any association of 1BOOK with their operators.
XIII. SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that we make available for download from this Website (“Software”) or through the mobile app store, including the 1BOOK mobile application (the “Mobile App”), is the copyrighted work of the 1BOOK Companies and/or their respective Suppliers. Use of such Software is governed by the terms of the end User license agreement, if applicable, that accompanies or is included with the software (hereinafter referred to as the “License Agreement”). You will not be able to install or use any Software that comes with or includes a License Agreement unless you first agree to the terms of the License Agreement. In the event that software is available for download on this Website that is not accompanied by a License Agreement, we hereby grant you, the User, a limited, personal, non-exclusive, and non-transferable license to download, install and use the Software and/or the Mobile App to view and use this Website and/or access the content and information available within the Mobile App (including without limitation, the price and availability of travel services) of Agreement with these Terms and Conditions and for no other purpose.
Please note that all software, including without limitation, all HTML code and Active X controls included in this Website, is the property of the 1BOOK Companies and Associates and/or their respective Suppliers and is protected by the provisions of copyright and international treaty laws. Any reproduction or redistribution of the software is expressly prohibited and may result in severe civil and criminal penalties. Those who fail to comply with the provisions will be prosecuted, with the greatest possible penalties and scope.
Software and other materials downloaded or made available from the Website may be subject to United States Export Controls. The United States export control laws prohibit the export of certain technical data and software to certain territories. No software from the Website may be downloaded or exported to a citizen or resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country from which the United States has seized property; or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
Your mobile device must be connected to the internet for the Mobile App to work properly. You are responsible for making all the necessary arrangements for your device to have an internet connection and being responsible for all the charges that your service Supplier may charge you for the transmission and reception data of the Mobile App, including, but not limited to data roaming charges. As described later in our Privacy Notice, the Mobile App will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile App, the content you access, and the errors or technical problems you encounter using the App. By using the Mobile App, you acknowledge, accept, and agree to its automatic collection of data.
XIV. TRADEMARK AND COPYRIGHT NOTICES
1BOOK owns or has the legal right to all copyrights to this Website. All rights reserved. 1BOOK, 1BOOK.com, and the 1BOOK logo are trademarks or registered trademarks of 1BOOK. Other logos and product and company names mentioned herein may be trademarks of their respective owners. The 1BOOK Companies do not assume any liability for the contents of websites managed by third parties.
This Website is for your personal use only. You may not use it for commercial purposes. You may only download it to your personal computer for viewing purposes and print multiple pages from this Website for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, or sell any information obtained from this Website.
If you become aware of any breach with our brand, please email us at firstname.lastname@example.org. We only reply to messages related to the infringement of trademarks at this email address.
If you believe, in good faith, that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice with the following information. Please note that your complaint will be processed once we have all the information and documentation mentioned below. Any misrepresentation in your notice of whether the content or activity is infringing may expose you to liability for damages.
XV. OPINIONS, COMMENTS, PHOTOS, AND OTHER SUBMISSIONS
We appreciate hearing from you. Please note that when submitting content to this Website by email, postings on this Website, or otherwise, including hotel reviews, photos, videos, questions, comments, suggestions, ideas, or the like contained in any submission (collectively, “Submissions”), grants 1BOOK and the affiliated, co-branded and/or linked partners of the Website through which we provide the service (collectively, the “1Book Partners”), a non-exclusive service, free of royalties, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works and publicly display and make such submissions around the world in any medium, now known or designed in the future; and (b) use the name that you submit in connection with such Submission. You acknowledge that 1Book Companies may choose to provide attribution for your comments or reviews (for example, listing your name and hometown in a hotel review you submit) at our discretion and that such submissions may be shared with our vendor partners. Additionally, you grant 1Book Companies the right to prosecute any person or entity that violates your rights or those of the 1Book Companies in Submissions for breach of these Terms and Conditions. You acknowledge and agree that the Submissions are not confidential or proprietary. You expressly waive every one of the ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objections to the publication, use, modification, deletion, or exploitation of your Submissions by us, the 1Book Partners or any of our partners or licensees. We do not assume any responsibility for Submissions posted or submitted by you. We are under no obligation to post your comments; we reserve the right, at our absolute discretion, to determine which comments are posted on the Website. If you do not agree to these Terms and Conditions, please do not provide us with any Submissions.
Harassment in any way or form on the Website, including by email, chat, or using obscene or abusive language, or posting obscene or abusive images or text, is strictly prohibited. Impersonation of others, including a 1BOOK employee, host, or representative, as well as other members or visitors to the Website, is prohibited. You may not upload, distribute, or post through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that may constitute or promote a criminal offense, violate the rights of any party, or that may otherwise give rise to liability or violate any law.
From time to time, we may offer incentives to Users and/or customers to leave hotel reviews, such as discount coupons/participation in prize drawings, and others. Since it is important to us that hotel reviews are fair and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.
XVI. CLOSING THE ACCOUNT
In accordance with the Digital Millennium Copyright Act (DMCA) and all other applicable laws, 1BOOK has adopted a policy to remove, in appropriate circumstances and at 1BOOK’s discretion, subscribers or account holders deemed repeat offenders. 1BOOK may also, at its sole discretion, limit access to the Website and/or delete the accounts of Users who infringe any intellectual property rights of third parties, regardless of whether they are repeat infringements or not. If you believe that an account holder or subscriber is a repeat infringer, please provide us with sufficient information when submitting your notice to verify that this person is indeed a repeat infringer.
Your use of the mapping available on this Website is governed by the Google Terms and Conditions and Privacy Statement. Google reserves the right to change its Terms and Conditions and Privacy Statements at any time, at its sole discretion. Click here for additional information:
1BOOK is committed to User satisfaction. If you have a problem or dispute, we will try to resolve it. However, if we can’t, you can file a claim, as explained in this section.
You agree to allow us to resolve any dispute or claim related to the Website, with any dealings with our customer service agents, any Service or Product provided other than what is offered, with any representation we have made, or with our Privacy Notice (“Complaints”), by contacting the 1BOOK Customer Service. If we are unable to reach an agreement within 60 (sixty) calendar days following receipt of the written statement about said Claim, the Parties agree to submit to arbitration, under the following rules:
Any action or conflict that arises from or in connection with the existence, validity, intention, interpretation, execution, or fulfillment of this Agreement or any other contract related to the execution of this Agreement will be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce, effective on the date of this Agreement (the “ICC Rules”) by three arbitrators appointed in accordance with the ICC Rules. The third arbitrator, who will act as president of the court of arbitration, will be appointed by the two (2) arbitrators designated by the Parties (that is, one designated by each party) within 30 (thirty) days of the appointment of the arbitrator designated by the Parties. The referees will speak English and Spanish fluently. The seat of the arbitration will be Mexico City, Mexico, and the arbitration language will be in Spanish.
The award rendered in the arbitration will be final and binding on the Parties. The court of arbitration will make any determination regarding the costs and expenses of the arbitration, including the reasonable attorneys’ fees, that it deems justified in all the circumstances of the case. According to Mexico’s applicable laws, any interest before the award will be payable at the applicable legal rate.
By enforcing the arbitration ruling, the Parties will submit to the jurisdiction of the courts of Mexico City, Mexico, and will waive any right to object to jurisdiction in such courts. The Parties agree that said courts are the most convenient forum for the resolution of any enforcement action.
The Parties agree to maintain the confidentiality of the existence of arbitration, arbitration proceedings, Submissions made by the Parties, and decisions made by the court of arbitration, including its awards, except as required by the applicable law and to the extent that the information is in the public domain. At the request of either Party, the arbitration court will issue an appropriate order maintaining said confidentiality.
XIX. GENERAL TERMS
You agree that no joint venture, partnership, or employment relationship exists between you and the 1BOOK Companies as a result of this Agreement or the use of this Website.
Our compliance with this Agreement is subject to existing laws and legal process, and nothing in it limits our right to comply with law enforcement or other governmental or legal requests or requirements related to the use of this Website or with the information provided or collected by us regarding such use.
If any part of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and compliance of the remaining stipulations will not be affected or harmed in any way. Our delay in enforcing any provision of this Agreement at any time does not exempt us from the right to enforce said provision or any other in the future, nor will it be construed as a waiver of the corresponding right.
This Agreement (and any other terms and conditions referred to here) constitutes the entire Agreement between the Parties, in relation to this Website, our services and your business and relationships with us, and supersedes all types of communication or prior or contemporary proposal, whether electronic, oral, or written between you and us. A hard copy of this Agreement will be accepted, and any notice provided in electronic form will be acceptable in court proceedings, arbitration, or any other administrative proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.