1. Introduction

1.1 These Terms and Conditions of Use regulate access to and use of the Web Site service that TUI Spain S.L.U., a company located at Avda de Manoteras, 44, 5th floor, module B & D, 28050 Madrid (Spain), registered in the Madrid Companies Register, Volume 18725, Book 0, Folio 89, Section 8, Sheet M-140868, Entry 30, with Tax ID (CIF): B-81001836, telephone 91 758 28 28, fax 91 559 85 88 and email info.ts@tui.com (hereinafter, TUI), makes available to Internet users (hereinafter, “the User(s)”) through the domain www.es.tui.com and associated domains (hereinafter, “the Website”).

1.2 Access to the Website is subject to the prior reading and acceptance by any User of the terms, conditions, communications, warnings, and legal notices contained in this document. From the moment Users enter and make use of the Website, they are accepting TUI’s Terms and Conditions of Use. If any User disagrees with all or part of these Terms and Conditions of Use, they must leave the Website and cannot access or make use of the services offered therein.

1.3 The User declares that they are of legal age and have sufficient legal capacity to be bound by the Terms and Conditions of Use. Likewise, the User explicitly accepts, without exception, that access to and use of the Website, its services, and its contents occur under their sole and exclusive responsibility.

1.4 These Terms and Conditions of Use do not preclude the possibility that certain services or utilities offered through the Website may be subject to special terms of use, which in any case may be consulted by the User before their activation.

1.5 Access to the Website is free of charge, and its viewing does not require prior subscription or registration. However, some of the services and content offered by TUI or by third parties through the Website may require prior contracting of the service or product as determined in TUI’s Contracting Conditions or in the conditions of such third party.

1.6 Any links to other websites that may exist, as well as the use that the User may make of them, are subject to these Terms and Conditions of Use, as well as to the specific terms that such websites may have. Any use other than that authorized is expressly prohibited.

1.7 TUI reserves the right to make without prior notice any changes and modifications it considers appropriate to the Website, and to its Terms and Conditions of Use.

2. User Rights and Obligations

2.1 The User is obliged to make lawful use of the Website and the services offered therein, in accordance with applicable law, respecting TUI’s intellectual property rights and those of any third party.

2.2 The User warrants that the activities they carry out on the Website will comply with the law, decency, public order, good customs, undertaking that in no case will they be offensive to TUI or any other company, other Users of the Website, or third parties.

2.3 The User agrees not to commit through the Website and/or the services offered by TUI any action that damages or alters the contents of the Website, or hampers the functioning of the Website, including transferring items carrying computer viruses, or damaging, interfering with or intercepting, in whole or in part, the Website, or altering another User’s email, etc.

2.4 The User guarantees that the data they provide to TUI is true and correct. In the event of providing false or inaccurate data, TUI reserves the right to deny access to this Website.

2.5 The use that Users may make of the data and/or information provided through the Website will be at the User’s own risk.

2.6 Users are responsible for proper safekeeping and confidentiality of any password supplied by TUI, and commit not to transfer its use to third parties, nor allow access by persons outside their authorized circle. The User bears responsibility for illicit use of the services by any unauthorized third party who uses a password due to negligence or loss of same by the User.

2.7 The User is obliged to immediately notify TUI of any event that allows for the misuse of passwords, such as loss or unauthorized access, in order to proceed to its immediate cancellation. Until such matters are reported, TUI shall be exonerated from any liability that may arise from that misuse of passwords by unauthorized third parties.

3. TUI’s Rights & Obligations

3.1 TUI is obligated to provide the services offered on the Website, guaranteeing the confidentiality of communications that may exist with the User and to respond to any claims that may arise.

3.2 TUI has the right to temporarily suspend, without prior notice, the accessibility to the Website, as well as to reserve the right of provision or cancellation of services, attempting to inform Users in advance, whenever the circumstances allow.

3.3 TUI does not guarantee the truthfulness, reliability, accuracy, timeliness or appropriateness of information supplied to Users by third parties.

4. Warranties and Liability

4.1 TUI is not required, nor does it control, how Users make use of the Website, its contents, or the services offered. Accordingly, TUI does not guarantee that Users will use the Website, its contents, or the offered services in accordance with these Terms and Conditions of Use, nor that they will do so in a diligent and prudent manner.

4.2 The User understands and accepts that the Website has been created and developed by TUI in good faith and is offered in its current state to Users.

4.3 TUI complies with data protection regulations and has personal data privacy systems in place that prevent third-party access to them. TUI has established all necessary technical and organizational security measures to guarantee the integrity and confidentiality of personal data provided by the User.

4.4 However, TUI does not control nor warrant the absence of viruses or other elements in the contents of the Website that might cause alterations in the User’s computer system (software or hardware), electronic documents, or files stored in their computer system. TUI is exempt from any liability for damages or harm of any nature that may be due to presence of viruses in the contents which may cause alterations in the computer system, electronic documents, files, etc.

5. Content, Links and Hyperlinks

5.1 The User will be solely responsible for content or information they may publish on the Website (“Content”). Likewise, the User guarantees that they have obtained permission and authorizations of all intellectual or industrial property rights of and over the Content.

5.2 The User expressly guarantees that any Content they use or provide does not infringe exclusive rights of third parties of any kind, nor the rights to honor, privacy or one’s own image of persons or any third party.

5.3 In this way the User declares and guarantees that the Content does not violate these Terms and Conditions of Use and is fully responsible, indemnifying TUI, for any claim (judicial or extrajudicial) arising from the use of such Content.

5.4 Users may not establish any link to the Website from any other site without prior and express consent from TUI, unless otherwise indicated on the Website. Likewise, Users undertake that none of the Content used contains prohibited elements, such as viruses or spam, or links thereto.

5.5 If the Website contains links or hyperlinks to other websites not managed by TUI, TUI states that it has no control over those websites, nor is responsible for their content. The links in the Website are provided solely for informational reference, without any endorsement of the content, services or products offered from those external sites.

5.6 In no case shall links be considered as recommendation, sponsorship or distribution by TUI of products, services or content belonging to third parties, offered by them or in any way disclosed.

6. Data Protection and Cookies

TUI shall respect at all times the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, as well as the rest of the regulations currently in force concerning the protection of personal data and regarding the use of cookies. TUI will apply the measures required to provide an appropriate level of security to the files containing Users’ data. Users may find further information in TUI’s Privacy and Cookies Policy.

7. Intellectual and Industrial Property

7.1 All rights to the content of the Website belong to TUI, except for those of companies with which it has signed the proper contract for the provision of content and/or services protected by national and international intellectual and industrial property regulations.

7.2 All designs, images, maps, graphics, trademarks, labels, distinctive signs or logos of TUI, frames, banners, the software and its various codes, source and object, etc., on the Website are the property of TUI, which holds exclusive exploitation rights over them.

7.3 Logos or distinctive signs of other companies that may appear on the Website during User navigation are property of each of them, legitimately holding rights of exploitation over them and consenting to their inclusion in TUI’s Website.

7.4 Users may not copy, modify, distribute, transmit, reproduce, publish, assign, sell the aforementioned elements, or create new products or services derived from the content and information of TUI’s Website.

7.5 Only viewing and downloading for personal and non commercial use of the Website by Users is authorized, and this may not be extended to third parties or entities.

7.6 Users and third parties may report to TUI any breach of these Terms and Conditions of Use at the address info.ts@tui.com. TUI will make best efforts to ensure that the contents of the website do not infringe the law and/or have pornographic, xenophobic, discriminatory, racist character, or incite violence, once it has effective knowledge of such violations.

8. Miscellaneous

8.1 These Terms and Conditions of Use constitute the entire agreement between TUI and the User concerning the subject of this document and may only be modified by a written correction signed by an authorized person of TUI, or through publication of a revised version by TUI.

8.2 If any clause of these Terms and Conditions of Use were to be declared totally or partially null or ineffective, this shall affect only that provision or part thereof which is null or ineffective, with the rest of the Terms and Conditions remaining in full force and effect; such provision or affected part shall be deemed not to have been included except insofar as it is essential to these Terms and Conditions of Use, without which they could be impacted as a whole.

9. Applicable Law and Jurisdiction

These Terms and Conditions of Use, as well as any relationship between Users and TUI, shall be governed by Spanish law. In the event of conflict in the application or interpretation of these Terms and Conditions of Use, the parties submit to the Courts and Tribunals of Madrid (city).