TERMS AND CONDITIONS OF USE FOR THE WEBSITE

General
The website www.tui-marathon.com (hereinafter referred to as the WEBSITE ) is owned by TUI ESPAÑA TURISMO S.A. with registered office in Calle Diputació, 238, Planta 3ª, 08007 Barce-lona, and listed in the commercial register of Barcelona in volume 36997, folio 134, page B-17759, owner of tax number A-08089187, telephone number 971 766 300 (hereinafter referred to as the COMPANY).

The COMPANY is recognised as a tour operator with agency and direct sales operations and is pro-prietor of trading licence number GC 4 MD.

The use of the WEBSITE and individual pages that can be accessed via the WEBSITE is governed solely and exclusively by these terms and conditions of use as well as any additional terms and con-ditions – the applicable version is the latest version published on the day the page is accessed – specifically referred to on the individual pages. The COMPANY drew up, maintains and administers and owns the terms and conditions of use.

The COMPANY is not liable for minors using this WEBSITE.

Service offered
The COMPANY provides the users of this WEBSITE with free information on the TUI Marathon and the opportunity of registering online or downloading a PDF registration form.

Intellectual and industrial property
All brands, names, images, sound elements, forms, applications and other content on the WEBSITE (together known as INTELLECTUAL PROPERTY) are protected by copyright, industrial property rights and other rights that protect intellectual property. The COMPANY owns these rights and/or owns the right to use the INTELLECTUAL PROPERTY. Access to the WEBSITE does in no way what-soever represent any assignment of these rights not does it signify that the COMPANY provides the user with licence for the INTELLECTUAL PROPERTY.

Except in the case where the COMPANY as owner of the copyright expressly authorises copying or other use, any unauthorised copying or other use of the INTELLECTUAL PROPERTY on the WEBSITE contravenes the rights of the owner(s) of the rights. The use of content on the WEBSITE for purposes or in ways that do not conform with the purposes or ways expressly referred to or are otherwise apparent in these terms and conditions of use is strictly prohibited.

The user of the WEBSITE undertakes to comply with the rights referred to above and to refrain from all acts that may contravene them. In this sense the COMPANY expressly reserves the right to insti-gate civil or criminal proceedings to protect its legal rights in terms of copyright and industrial rights.

If the user wishes to use the INTELLECTUAL PROPERTY found on the COMPANY’s WEBSITE he can contact the webmaster to apply for the requisite authorisation.

Permitted use of the WEBSITE
The use of the WEBSITE including access by the user and navigation by the user on the WEBSITE is conditional on compliance with these terms and conditions of use and the valid and applicable Span-ish regulations.

Users of this WEBSITE may use the WEBSITE and its content for private purposes. Changing the content or using the content for commercial purposes – copying, distributing in public or furnishing to third parties beyond the scope of private use – is absolutely prohibited.

The use of this WEBSITE is solely and exclusively permitted under compliance with the statutory regulations and these terms and conditions of use. The only permitted use is registering for the TUI-Marathon and all other legal use of the functions installed on the WEBSITE. The following provisions apply in particular:

a) The user is responsible for all acts on the WEBSITE that are performed under his name if the password the user chose was entered.

b) The user must be at least 18 years old and legally fully competent.

c) The user must ensure that all information that he provides concerning his person are completely true.

d) The WEBSITE may not be used for false or fraudulent actions.

e) Making threats, coercive or defamatory statements or the transmission of pornographic, racist or racially inciting or any other kind of proscribed material is expressly forbidden.

f) The user may not change, copy, publish, sell or otherwise pass on to third parties the WEBSITE and its content. Making a single copy of the page for private, non-commercial use is however per-mitted.

g) Files that contain software or other material subject to industrial rights or copyrights or which are given protection in the context of privacy protection may not be put into circulation. This is not the case if the user has such rights or the user has obtained the requisite authorisation.

h) Files that contain viruses, corrupted files or software that could damage the operation of a com-puter belonging to a third party may not be uploaded.

i) References by and to the author, legal notices, notice of ownership or marks that are part of a downloaded file (software or other material) may not be deleted or changed.

j) Goods or services may not be bought or sold. Surveys, competitions or chain letters may not be conducted or passed on.


Links may not be made in frames without the COMPANY’s prior written authorisation.


The above provisions also apply to any bulletin boards, chat rooms and other communication fo-rums on the WEBSITE.

Any possible forums represent forms of public and not private communication. The COMPANY does not check nor authorise any of the content belonging to third parties in these forums. The COMPANY reserves the right without any notification to remove any content in these forums communicated or sent by users.

On request the user undertakes to release the COMPANY and its associated companies, partner companies and employees from any claims made by third parties (including reasonable costs for legal measures) that arise from inadmissible, unauthorised, improper or otherwise illegal use by the user of the WEBSITE and its content.

Access to the WEBSITE
Access to the WEBSITE is free. Irrespective thereof the access to certain services that are offered on the WEBSITE may now or in the future depend on the payment of a price and will be pointed out on a case basis. In this case the user undertakes to properly safeguard his access data (username and password) as they are assigned exclusively to the user for his own use. The user is solely responsible for their proper safekeeping and use.

Although the COMPANY aims to provide the users with continuous access to the WEBSITE there are different ways in which continuous access can be interrupted. In this case the COMPANY will notify the users thereof in time if this is at all possible. The COMPANY is in no way liable for damages that the user might suffer as a consequence of an interruption to access to the WEBSITE.

The COMPANY reserves the right at its own discretion to refuse any access to the WEBSITE or parts thereof without notice.

Use of data, provision of data
Personal data that are furnished to the COMPANY via the WEBSITE are treated in line the applicable statutory regulations governing privacy of data and with the notices given on the WEBSITE concern-ing the use of the data (see General Terms and Conditions and the advice giving in the process of signing up).

In the interest of the user he is responsible for ensuring that the data furnished to the COMPANY are kept up to date so that they reflect at all times the current situation of the user. In all events the user alone is liable for false or inaccurate provision of data and for any damage suffered by the COMPANY or third parties as a result.

Links to and from other Websites
The WEBSITE can contain links to other internet sites that are not processed, checked, maintained or monitored by the COMPANY. The COMPANY is not liable in any way for the content of these sites. The respective owner of such sites is liable exclusively for the content. The COMPANY neither gives a guarantee nor authorisation for the content. The COMPANY is in no way liable for the results that are achieved via these links.

Users who want to create links to this WEBSITE may not make any false, inaccurate or incorrect statements about the WEBSITE or its content. It is absolutely crucial that the impression is not cre-ated that the COMPANY has permitted the link or that it monitors, authorises or accepts the contents or services on the site in question that provides the link to the WEBSITE. The creation of a link in no way establishes a relationship between the COMPANY and the owner of the site with the link to the WEBSITE. No links to the WEBSITE are permitted on sites that publish illegal or immoral information or content that contravene public order or customs or which harm the rights of third parties. The sites where links to the WEBSITE are created in line with these provisions and that provide access to the WEBSITE may not copy in any way whatsoever the content of the WEBSITE.

Updating, changes
The COMPANY does not give any guarantee about the WEBSITE and its contents being fully up-dated and correct around-the-clock but nevertheless undertakes to the best of its ability to achieve this goal.

The COMPANY reserves the right to make changes to the WEBSITE or its content at any time. This applies in particular to the selection of providers, features, information, databases or their content.

Applicable law and jurisdiction
The terms and conditions of use of the content of the WEBSITE were produced in accordance with the applicable Spanish legislation and regulations, in particular with Act 15 of 13 December 1999 concerning the protection of personal data (referred to hereinafter as LOPD), Royal Decree 994 of 11 June 1999 which approved the regulations on security measures for files with personal data (hereinafter: Regulation 994/1999), and Act 34 of 11 July 2002 governing services in the informa-tion society and electronic commerce (hereinafter: LSSI) and can be revised and modified at any time in accordance with a change in applicable law. In this case the new content becomes valid as soon as it is published on the WEBSITE and the users of the WEBSITE have access to it.

Disputes that may arise from the use of the WEBSITE are settled using Spanish law. The place of jurisdiction is where the COMPANY has its officially registered office and all other jurisdictions are hereby expressly negated; with the exception of disputes that arise in the context of consumer protec-tion law and the respective place of jurisdiction that this law foresees.



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