As of 12th Febuary, 2010
Your use of this website is subject to the binding and irrevocable acceptance without modification of these terms and conditions and you agree to use this website in accordance with and subject to these Terms. By accessing any part of the WWW.GOMIO.COM website, you consent to be bound by these Terms.Additional terms and conditions of the relevant supplier or service provider may be applied. Please read all conditions carefully before using our services. Please be aware that we only provide a booking service to you. We are not a party to the contract (s) you conclude with Offering Parties and do not accept any liabilities in connection with those contract (s).
The working language of Creacions Ezak Blau, SL and the website WWW.GOMIO.COM is English. With your use of our services you warrant to us that you are fully able to understand the English language. We provide some or all information on the website and in the booking process in other languages. This information is provided to you for informational purposes only. In any case, the English language version shall prevail and be legally binding.
The GOMIO.COM Website (“Website”) is owned and operated by Creacions Ezak Blau, SL a Spanish company with CIF number B-65065278, having its registered office at C/. Mallorca, 257, 08008 Barcelona, SPAIN (email:email@example.com) (hereafter referred to as “GOMIO.COM” or “we”). Your use of the Website is governed by the following Terms and Conditions which are available only in the English language. These Terms and Conditions govern all use of the Website although some provisions will only apply to you if you complete a booking or purchase on the Website. If you make a booking or purchase while using the Website, you will be subject also to the terms and conditions of the relevant supplier of accommodation or other goods or services (hereafter referred to as the “Offering Party”). You should review these Terms and Conditions each time you use this Website as they may change from time to time.
If you make a booking or purchase on the Website, you are warranting to us that you are legally authorised to use the credit or other payment card as entered into the payments page for the proposed transaction and that you fully understand this Agreement. See our Security Statement for full details of how we store and process your personal information and card details. You will find this Statement by scrolling down to the end of our homepage at GOMIO.COM. We use advanced technology for processing secure credit-card based transactions and constantly upgrade these tools according to the technical development. Nevertheless, GOMIO.COM accepts no liability for any damages of any nature resulting from you using your credit card on the Website. We suggest you to keep all your software, programs, internet browser and especially your virus scanner up-to-date in order to prevent viruses or other malware from interfering, and to use a firewall. Should you access our website from a public place like an internet café, be aware that the safety of your data is an issue here. We suggest you to check the safety of the internet browser used. Especially check if the functions “Remember password”, “Remember data” and the like are turned off in the “Options” menu. GOMIO.COM does not accept any liability resulting out of an unsafe internet environment.
If you make an error while making an online booking or purchase, simply click on the Back button on your browser and resubmit the correct information. If you receive incorrect information in any confirmation notice from us, please contact us immediately at firstname.lastname@example.org. Nevertheless, GOMIO.COM does not accept any liability whatsoever resulting out of these errors except those liabilities that cannot be excluded by law.
If you successfully conclude an online booking, we will send you a confirmation email which should include full details of your particular booking or purchase as well as a link to a full copy of this Agreement. Emails will be deemed to have been sent by us once they leave our information system. However, if you do not receive a confirmation email within 24 hours of completing an online transaction, please contact us immediately at email@example.com.
If your online booking relates to the provision of accommodation, catering, transport or leisure services, you do not have a statutory right to cancel this Agreement once you have concluded your online booking. However, you may be entitled to cancel a booking under certain circumstances which are contained below under “The Booking Process”. GOMIO.COM shall not be liable in any way for losses, additional expenses or any claim whatsoever due to changes in accommodation or other travel services, weather, strikes, sickness or any other cause. All those claims shall be borne by you. GOMIO.COM and the Offering Party shall have the right to cancel your reservation without compensation should you intend to use your reservation only in order to obtain an entrance visa without intending to fulfill your contract with the Offering Party. This right shall come into existence as soon as GOMIO.COM receives information that allows a judgement on your intentions to a certain degree of probability.
GOMIO.COM is publishing information and data supplied by Offering Parties and companies offering different services. GOMIO.COM is not selling or offering any of these products or services. All information in relation to any products or services offered for sale through the Website is supplied by the Offering Party, and although we use all reasonable endeavours to check the accuracy we can not accept any legal liability in relation thereto. The contract for the sale of any product or service is between you and the relevant Offering Party. GOMIO.COM only provides this Website as a facility for enabling you and the Offering Party to conclude your contract and charges a service fee for this service (hereafter referred to as the “GOMIO.COM Service”).
Furthermore we cannot take any responsibility for the quality or the details of any service or product that you book or purchase. We do not warrant that information published on the website will be error-free. All liabilities for the offered products and services are solely between the Offering Party and the User. You are solely responsible for reviewing the Offering Party's terms and conditions of trade that will apply to your purchase of any products/services. A listing on GOMIO.COM is not an endorsement of the quality of any good or service offered by the Offering Party. GOMIO.COM recommends that you check guidebooks, GOMIO.COM-reviews and rankings and third party information to inform yourself about the quality of the purchased product and/or service before you do a booking. We shall in no way be liable to you in the event that any product or service purchased from any Offering Party is not suitable for your purpose.
GOMIO.COM displays links directly and indirectly that lead to third party's webpages. GOMIO.COM has no responsibility for those pages and takes no liability whatsoever for the content of those pages.
With making a confirmed booking with an Offering Party, your credit card will be charged a down payment by GOMIO.COM for permitting you to use the GOMIO.COM Service. This payment is non-refundable under any circumstances.
You are responsible for paying any remaining balances in full to the Offering Party that supplies the purchased product or service. You also accept the Offering Party's payment terms which frequently require cash payment on arrival.
When making a booking you accept the “no-show-policy” of the Offering Party: For example, in the case of accommodation, if you cannot or do not honour the booking you made and you fail to inform the Offering Party at least 24 hours prior to arrival by e-mail, stating the booking number, the Offering Party will have the right to charge you the cost of the first night stay according to the original booking made. The entire reservation will be cancelled by the Offering Party in this case. The Offering Party may impose further restrictions, especially a period of notice of more than 24 hours. This information will be shown on the page of hostel information during the booking process. Additional local taxes may be applied without having appeared anywhere during the booking process if legal in the relevant jurisdiction. Please be aware that times are calculated as local times of the relevant Offering Party. To make sure your cancellation arrives on time, we suggest you to keep enough extra time.
To prove that the cancellation has been made in time you should keep the copy of the cancellation with your booking number and forward it to the Offering Party and GOMIO.COM on request.
Please be aware that some accommodation providers have additional conditions which require you to arrive until a certain time. Further information will be shown during the booking process. Failure to obey these rules might result in your reservation being cancelled and you being charged for the first night according to the “no-show-policy”.
For all additional services (changes of the reservation, changes of the purchased product, any amendments, special necessities like handicapped facilities and others) only the terms and conditions of the Offering Party shall apply. GOMIO.COM is not liable for any of those changes or their consequences.
You warrant to GOMIO.COM as follows:
You agree to indemnify and hold GOMIO.COM and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands, including reasonable attorney's fees, made by any third party arising out of your breach of this Agreement or out of your violation of any law or the rights of any third party. You acknowledge that GOMIO.COM and its subsidiaries will hold information with respect to your identity, including, but not limited to, your name, address and payment details. You agree that we rely on this information in entering into this Agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide. You agree to indemnify us for any losses, costs or expenses which may be incurred by us as a result of any errors contained in instructions submitted by you, or any unauthorised or unlawful use of the Website.
We reserve the right to refuse, to provide or to suspend and/or terminate a person's use of the Website at our absolute discretion and with no obligation to provide that person with any reasons for so doing.
If, through use of the GOMIO.COM Service, you cause GOMIO.COM to publish, whether on the Website, via email or otherwise, potentially defamatory, illegal, obscene or offensive material, you agree that you shall be solely liable for the publication of such material and that you will indemnify GOMIO.COM for all costs, penalties, liabilities and charges incurred by it in relation to such publication.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE GOMIO.COM SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DIRECT OR INDIRECT PROFITS, ECONOMIC LOSS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) OR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL LOSSES HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO ANY LOSS OF CONTRACTS, LOSS OF GOODWILL AND LOSS OF REPUTATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE GOMIO.COM SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THIS CASE, IF LEGAL IN THE APPLICABLE LEGISLATION, OUR RESPONSIBILITY SHALL BE LIMITED TO WILFUL ACTION AND GROSS NEGLIGENCE.
IF NOTWITHSTANDING THE ABOVE DISCLAIMERS GOMIO.COM IS FOUND TO BE LIABLE TO YOU, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT OF SERVICE FEES PAID BY YOU TO US IN THE 12 MONTHS PRIOR TO THE EVENT OR DEFAULT IN QUESTION.
The information contained in the Website is copyrighted and protected by world-wide copyright laws and treaty provisions. It may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission. Except as expressly provided herein, GOMIO.COM does not grant any express or implied right to you or any person in any intellectual property rights, details of members or trade secret information.
GOMIO.COM is the owner or authorised user or licensee of all the intellectual property rights in the Website including, without limitation, any copyright, patent, registered design, trade marks, service marks, source codes, specifications, templates, graphics, logo(s) or any right subsisting in Spain or elsewhere in respect of formats, interfaces, programming, the offering of services to other customers, software or any application for any of the foregoing and any modification, improvements, developments and enhancements thereof.
We shall not be liable, and shall not otherwise be deemed to be in breach of this Agreement, for any failure to perform, or delay in performing, any of our obligations hereunder caused by circumstances beyond our reasonable control including but not limited to government or regulatory restriction, act of God, power cut, trade or labour dispute, act failure or omission of any government or authority, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems (e.g. if you are unable to access your online service provider), unauthorised access, theft, operator errors, severe weather, earthquakes, terrorist attack, floods and strikes or other labour problems. In such an event, we reserve the right to cancel or suspend the GOMIO.COM Services without incurring any liability.
We shall not be liable neither for the internet connection nor for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the GOMIO.COM Services, or prevent you from being able to contact us.
We may amend this Agreement at any time by posting the amended terms on the Website. All amended terms shall automatically be effective immediately they are posted on the Website. This right shall not affect the Agreement accepted by you upon making a reservation or purchase using this website. The continuing use of the Website and the GOMIO.COM Services by a person following such modifications to this Agreement shall constitute acceptance of the new Agreement and you will be bound by such modifications. If you do not accept any such changes, then your sole remedy is to cease using the GOMIO.COM Services. You should print a copy of this Agreement as amended from time to time and retain it for your records.
GOMIO.COM reserves the right to change the format and contents of the Website and other GOMIO.COM Services.
If one or more provisions of the present Agreement shall be or become completely or partly ineffective, the validity of the remaining provisions shall remain in force. The ineffective provision shall be replaced by an effective provision meeting most closely the economic intentions of the Parties. Same shall apply in case of a loophole requiring supplementation. The headings in this Agreement are for convenience of reference only and do not affect the construction or interpretation of any provision. Notices and other communications delivered or mailed to the postal address or to the electronic-mail address provided by you shall, until GOMIO.COM has received notice in writing of any different address, be deemed to have been personally delivered once sent whether actually received or not.
In contrary and due to the fact that GOMIO.COM is sending out and receiving a huge number of emails per day, an email shall be considered to be received by GOMIO.COM as soon as GOMIO.COM is confirming receipt or answering to the according email. Any amendments or supplements to this Agreement shall be in writing or via email. The same shall apply to the waiver of this clause. No delay or failure of GOMIO.COM in enforcing against you any term or condition of this Agreement and no partial exercise by GOMIO.COM of any rights hereunder, shall be deemed to be a waiver of any of our rights under this Agreement. You hereby agree that this Agreement shall be binding upon your heirs, executors, administrators, personal representatives and assigns. This Agreement shall inure to the benefit of GOMIO.COM and its successors, assigns and agents. We may assign our rights and duties under this Agreement to any of our subsidiaries or affiliates without giving notice, or to any other entity upon prior written notice. The relationship between GOMIO.COM and you established by this Agreement is that of independent contractors, and nothing contained in this Agreement shall be construed to:
The parties agree to attempt to settle all disputes arising out of and in connection with this Agreement in an amicable way. No legal proceedings shall be started if not one party has requested the other party to agree to mutual settlement of the dispute within a period of one month.
This agreement is governed by the laws of Spain. The courts in Barcelona shall have exclusive jurisdiction to decide any disputes arising in relation to this Agreement. Should this clause be fully or partially invalid due to any reasons whatsoever, jurisdiction and / or governing law shall be determined by the rules of the relevant international private law.