These Terms and Conditions apply to the website <a href="www.blinkbooking.com">www.blinkbooking.com</a> and its mobile application (“APP”) as made available for various operating systems (collectively, the “Site”) owned and operated by INNOVATE MOBILE APPS EUROPE, S.L. (“Company”, “BLINK”, “us”, “we” or “our”), a company incorporated in Spain, with employer identification number: B-47680731 and registered office at c/ Callao, No. 5, 8th floor, 28045 Madrid, registered in the Madrid Company Register, Volume 30.690, Sheet 150, Page M-M-552252, Entry 2. The Company is registered as a travel agency at the General Subdirectorate of Tourism in the Autonomous Community of Madrid, with CICMA (Madrid Community Identification Number) no. 2778. The Company is wholly owned by Groupon, Inc. (the “Parent Company”), which is incorporated in Delaware and operated from its headquarters at 600 West Chicago Avenue, Suite 420, Chicago, Illinois in the United States.
By using the Site and/or making a booking, you accept that you have read, understood and agree with these Terms and Conditions (the “Terms and Conditions” or the “Contract”). The Company, at its sole discretion, reserves the right to change, amend, add or delete parts of these Terms and Conditions at any time. By continuing to use the Site or the Services you accept any updates to these Terms and Conditions. If you do not accept these or any future Terms and Conditions, do not use (or continue to use) the Site or the Services. You are responsible for regularly visiting the Site to check whether these Terms and Conditions have been amended.
These Terms and Conditions are applicable to the hotel room booking services that may be contracted (i) directly by the user with BLINK or (ii) through mediation by BLINK with the hotel or service provider, as indicated in each offer. When making the booking, the terms displayed on Site will indicate whether you are contracting with BLINK, with the hotel or another service provider.
For the purpose of this Contract, the content, products and services made available to the public through the Site, as well as access to the Site, will jointly be called “the Service” or “the Services”. The Services available through the Site may also be governed by special terms and conditions (the “Special Terms and Conditions”) which, in the event of a conflict, prevail over the Terms and Conditions. Therefore, each time you use the Service, you agree to these Terms and Conditions and any applicable Special Terms and Conditions (collectively, the “Terms”).
The Terms constitute the full agreement between you and the Company in relation to the use of the Site or the Service, and substitute any previous agreements between you and the Company in relation to your use of the Site and the Service. The Company’s omission of (or required compliance with) any right or provision of the Terms do not constitute a waiver of this right or provision. If any provision in our Terms is declared invalid, the rest of the Terms will remain in force in all of its aspects. Furthermore if any provision in our Terms is declared illegal, null or inapplicable for any reason, it will be excluded and will not affect the validity or applicability of the remaining provisions.
Our Terms are available in Spanish and English. In the event of a conflict between the versions, the versions in Spanish will prevail.
This Site is aimed exclusively for users over eighteen (18) years old. Registration on, or use of the Site by individuals under 18 is not permitted (except if performed by a legal representative) and violates these Terms. By using the Site, you state and guarantee that you are over 18 and agree to comply with the Terms in full.
You may use the Services only with a user account. You may create a BLINK user account through Facebook, in which case you may register using your Facebook credentials by authenticating your identity with Facebook through the Site.
To register a native BLINK user account, you must access the Site by clicking: “Register a Blink account” and follow the instructions on the Site.
Once you have registered with the Site, you will receive an email confirmation and a URL address from which you can download and/or print these Terms and Conditions. If, once you have registered, you wish to correct or amend any of the fields that you have entered in your user profile, you only need to click on “Settings” and click on your username in the profile that you have created. Once you have clicked on this button, a form will appear on screen entitled “Edit Account” with all the fields from your profile and the data that you entered when you registered. You can edit these data as many times as you like.
Users must register as indicated above if they wish to use the Services. Once registered, users may access the system by using their username and their password. They are then free to access the Service.
Your account passwords are used to verify your identity and you are responsible for keeping your password confidential. If you share or otherwise compromise the security of your username and access password, BLINK DISCLAIMS RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO OR ACTIONS TAKEN THROUGH YOUR ACCOUNT. For the security of your account, we suggest that you routinely update your password.
If you wish to change your password or any of your data, you may do so once you have entered the Site and identified yourself as the user, clicking on “Name” once you enter “Settings”, and following the instructions that appear on the corresponding screen once you have clicked on the above button.
The Company offers users of this Site the possibility of reserving last minute hotel rooms at the best price anywhere in Europe.
The Site allows you to book the Services through two types or forms of booking: (i) directly via hotels or suppliers, in which case the Company only acts as the provider’s agent, or (ii) by booking them directly with the Company (which distributes their providers’ services).
To book a hotel, regardless of the type of services contracted, you must select the city in which you want to make this booking, the chosen area of the city in which you want to book the room and, of course, the hotel where you want to stay.
Once you have made your selection, you must click “BOOK NOW” to make the booking, indicating the number of nights that you would like to book. Remember that you may only book up to a maximum of seven nights, depending on the availability at each hotel. The APP will allow you to choose the maximum number of nights that the hotel has available at the time.
The fields that you must fill in to pay for the booking will appear on screen. You must enter the card number, the expiry date and the CVV code.
Once you click “Pay Now”, a screen will appear to confirm the booking.
Furthermore, upon completing the booking, the user agrees to receive various e-mails from BLINK which include, without limitation: (i) an e-mail before the check-in time, with a link to access the Terms, which you may print out if you wish, and information on the destination and other relevant offers and details (including outside offers that the user has agreed to receive); (ii) an e-mail inviting you to complete an opinion poll that BLINK may then send to users once their stay has ended at the hotel, and (iii) various promotional e-mails from BLINK about our business and related offers and news.
The information on hotels and rooms on our Site is constantly being updated and, therefore, the room that you have booked will always be available. Please note that from time to time typographic or content errors on the Site may occur, in which case we will update the Site with the correct information and contact any affected users
In these cases, you are contracting the accommodation service directly through BLINK and, therefore, your relationship during the provision of services is directly with us.
The Company acts in these cases as a Travel Agency, providing the user with accommodation services.
The Company will not be liable for any loss or damages caused to the user in the event where the service subject of these Terms and Conditions cannot be provided, force majeure, acts of God or other causes not attributable thereto. The Company will not be liable for the inappropriate use of the service as a result of maintenance work or incorrect set-up of the user’s mobile device or insufficient capacity to support the information systems required to use the services offered.
Unless the service contracted indicates that Special Terms and Conditions of accommodation are applicable to the service (which would be included in the dropdown information when you accept the hotel room booking), the following will be applicable to the accommodation service:
5.2.1 When the user checks in at the Hotel, he or she must show ID at the hotel reception and must provide his or her credit card as a guarantee for the Hotel during the user’s stay there.
5.2.2 The user acknowledges that the credit card, whose identification data is provided on the booking form, will be used as a means of payment of the cost of his or her stay at the hotel. Users also accept that, in the event of breaching the Terms, any amounts relating to debts, costs and damages arising from this breach will be charged to their credit card.
5.2.3 Check-out must be before noon on the last day of the stay booked (unless the hotel indicates otherwise)
5.2.4 It is strictly forbidden to bring pets or any other type of domestic animal into the hotel, whether in the rooms or the communal areas without the prior written permission of the hotel management.
5.2.5 Neither the hotel nor BLINK are responsible for the loss or theft of any kind of the user’s property or belongings during the stay at the hotel.
5.2.6 The user is entirely responsible for any damage to the furniture and fixtures in the hotel, whether in the rooms or the communal areas during his or her stay. In the case of any damage, the user agrees that the amounts resulting from repair work will be charged to his or her credit card. In addition, the hotel and/or BLINK reserves the right to initiate however many actions it deems fit to defend its rights.
5.2.7 Products consumed from the mini-bar service offered by the hotel in all its rooms must be paid by the user upon check-out in accordance with the list of prices provided by the hotel in each of its rooms.
5.2.8 Hotels may be non-smoking establishments as per Act 28/2005, of 26 December, against smoking and regulating the sale, supply, consumption and advertising of tobacco products, or be regulated by other local, national or provisional laws with which you must comply.
5.2.9 If you would like us to send you an invoice or a billing document for the used accommodation services, you must request it from us by clicking “Options” on the booking confirmation screen. Once you have entered the Options screen, click on “Request Invoice” and enter the invoicing details in the form on your screen. We will send an invoice to your e-mail address.
The information that we show is based on the information provided to us by the hotels. The hotels are entirely responsible for updating the rates, availability and other details that appear on our Site. Although we try to ensure that our service is as accurate as possible, we cannot check or guarantee that all the information is accurate, complete or correct. Despite this, if for any reason, once you have made your booking, you have problems regarding availability at the hotel, do not hesitate to get in touch with us via e-mail at email@example.com or by calling us on 902 702 162. We will personally use our best efforts to find you replacement accommodations.
If you book directly with the hotel or supplier through BLINK, the booking is made with the supplier of the accommodation. Consequently, the Company is not in any way responsible for the booking insofar as it does not take part in providing the services that you have booked (the provider provides the accommodation service directly).
In this case, when making a booking via the Company’s APP, the user has a direct contractual relationship (legally binding) with the hotel that he or she has booked. From the moment that the booking is made, the Company acts solely as an intermediary between the user and the hotel, sending the details of the booking to the hotel and sending a confirmation e-mail to the user on behalf of the hotel.
The information shown by us is based on the information provided to us by the hotels. The hotels are entirely responsible for updating rates, availability and other details that appear on our Site. Although we try to ensure that our service is as accurate as possible, we cannot check or guarantee that all the information is accurate, complete or correct.
We cannot accept responsibility for any errors (manifest or typographic errors), interruptions (due to temporary and/or partial outages in the server or due to repairs, updates and maintenance of our Site or other reasons), inaccurate, misleading or false information or lack of information.
The hotel is at all times responsible for the accuracy, veracity and truthfulness of the information (both descriptive and relating to rates and availability) that appears on our Site. Our Site does not constitute, nor should it be seen as, a recommendation or promotion (quality, service level or rating) of an available hotel. Our services are for personal use only and not commercial use. Therefore, it is not permitted to re-sell, make deep links, use, copy, monitor (for example, spider, scrape), show, download or reproduce the content, the information, the software, the products or the services available on our Site for any commercial or competitive activity.
Based on the limitations indicated under these Terms and Conditions, and to the extent permitted by law, we are only liable for the direct damage suffered, paid or incurred by the users as a result of any defects attributable to our obligations in reference to our services, up to the amount of the total cost of the booking, as indicated in the confirmation e-mail (either due to an event or a series of events). However, to the extent permitted by law, neither us or any of our directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate, license holders, legal representatives or other persons involved in the process to create, sponsor or promote the page and its content are responsible for: (i)loss or punitive, special, indirect or resulting damages, production losses, loss of profit, earnings, contracts or loss of or damage to customers, reputation or a reduction in demand; (ii) information-related errors (description including rates, availability and ratings) of the hotel available on our Site; (iii) services rendered or products offered by the hotel; (iv) losses, damages or costs (direct, indirect, resulting or punitive) suffered, incurred or paid by the user, arising or relating to the use, unavailability or delay on our Site; or (v) due to damage, losses or costs (personal: injury, death, damage to property, direct or indirect, special, resulting or punitive) suffered, incurred or paid by the user whether a result of acts (legal), errors, infringements, negligence (flagrant), deliberate professional malpractice, omissions, breaches, wrongful representation, objective extra contractual responsibility or (fully or partially) attributable to the hotel (its employees, managers, employees, attorneys in fact, representatives or affiliated companies), including any cancellation (partial), overbooking, strike, force majeure or other act beyond our control.
If the user requires an invoice or a billing document other than an invoice, for the accommodation services used, he must request one from the hotel that made the booking.
All prices in the APP are per room and the total period of the booking and include VAT and other taxes included (subject to change of these taxes) unless otherwise indicated in our APP or in the e-mail confirming the services contracted.
However, if you have a voucher, you may select the voucher as indicated on the APP, and the valid discount applied by you will be taken off the price of the room on the System. Once the voucher has been selected, the System will show you the final price of the room that you are buying or booking.
· No more than one voucher can be accumulated for a single booking
· Blink may issue various types of vouchers with different policies of use where redemption is concerned. Always remain attentive to the terms and conditions of redemption of each voucher.
BEING A USER OF THE SITE DOES NOT ONLY MEAN ACCESS TO SERVICES BUT ALSO ENSURES THAT THE USE THEREOF IS IN ACCORDANCE WITH THE RULES OF COURTESY AND ETIQUETTE THAT YOU WOULD APPLY IN REAL LIFE.
The User is strictly prohibited from using the content of any of the Services offered to perform any activity that may consider illegal, immoral or contrary to public order. These unpermitted activities include, but are not limited to, the submission of offensive, abusive or threatening correspondence; illicit access to third party information systems (hacking); transmission of Trojan horses, computer or software viruses aimed at causing damage (cracking) or obtaining data from information systems. The following obligations must also be assumed:
· Using the Site diligently and correctly.
· Do not use the Site: (a) to perform activities that are illegal, immoral, or that breach generally accepted good habit or established public habits or (b) for illicit, forbidden or harmful effects or purposes. The Company does not accept any liability that may arise from any of the above.
· Do not use the content or service in any way that may harm, render useless, overload or damage the Site or prevent normal use or enjoyment of the Site and the services by users.
· Do not alter or manipulate mentions of copyright or any other details identifying the intellectual or industrial property rights of the Company or the owners of the content included on the portal, as well as any protective technical devices, digital footprints or any other content protection instruments.
Do not forge your identity by passing yourself off as another person, for example, a person that does not exist.
Our services are merely for personal or non-commercial use. Therefore, it is not permitted to re-sell, make deep-links, use, copy, monitor (e.g. spider or scrape), show, download or reproduce the content, information, software, products or services available on our Site for any commercial or competitive activity.
INMOBAPP.COM®, BLINKBOOKING.COM®, BLINK® and any other images, logos, designs, page headers, button icons, command sequences and service names are registered trademarks, brands or brand images of the Company in Spain or other countries and/or other owners that have authorized the Company to use it. The Company’s brands and images cannot be used, not even as part of brands or domain names, in relation to any product or service in such a way as to cause confusion and they may not be copied, imitated or used, in part or in full, without the prior written consent of the Company.
With the sole exception of user content, any site content and any content available through the Service, including the designs, text, graphics, images, video, information, applications, software and other files, as well as the selection and availability thereof (“the Site Content”) are the exclusive property of the “Company” or its licensors, with all rights reserved. No part of the Site Content may be amended, copied, distributed, delimited, reproduced, republished, downloaded, shown, published, transferred or sold in any way or by any means, in full or in part, without the prior written consent of the Company, under the understanding, however, that the above is not applicable to your User Content (as defined below) published by you on the Site.
You may not load or republish the Site Content on any internet, intranet or extranet site or include the information on any other database or compilation. It is strictly forbidden to use the Site Content for any other purpose than as authorized by these Terms and Conditions.
Use of the Site or of the Site Content differently from those specifically authorized by these Terms and Conditions, without the Company’s prior written consent, is strictly forbidden and will revoke the license granted in virtue of this Contract. Unauthorized use may constitute an unlawful infringement of the trademarks and copyright laws and other applicable legislation and regulations of Spain. Unless expressly indicated otherwise in this Contract, none of the provisions of these Terms and Conditions should be interpreted along the lines of granting a license for intellectual property rights, whether by lawful impediment, either implicitly or otherwise. This license may be revoked at any time and without warning, with or without a reason.
Under no circumstances can you create links from any accessible space from the internet to the Site, except if prior express written consent is given by the Company.
The Company is not responsible for any errors or omissions that might harm the content of the Site or other content that may be accessed through the Site. The Company may not be considered responsible for any damage arising from the use of this Site, or any measure performed on the basis of the information provided therein.
INSOFAR AS LEGALLY POSSIBLE, YOU AGREE TO EXONERATE THE COMPANY, ITS ASSOCIATES AND SUBSIDIARIES AND ITS RESPECTIVE DIRECTORS, EXECUTIVES, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES FROM ALL LIABILITY CONCERNING ANY LOSSES, LIABILITIES, COMPLAINTS, CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE LAWYERS’ FEES ARISING FROM ALL CONTENT FROM ANY KIND OF THIRD-PARTY APPLICATIONS, SOFTWARE OR CONTENT. YOUR USE OF THE SERVICE OR THE SITE, YOUR CONDUCT IN RELATION TO THE SERVICE OR THE SITE, OR ANY BREACH OF THIS CONTRACT, ANY LAW OR ANY RIGHTS OF A THIRD PARTY.
Therefore, insofar as legally possible, we (together with our heads, directors, employees, representatives, associates and suppliers or third parties connected to us) will not be liable for (a) the damages, economic losses or virus that may infect the equipment, IT programs, data or other property as a result of access to our website, downloads of content on the site or use of the travel Service (b) any damage, destruction, loss, complaint, event related to force majeure, accident, delay or any other direct, special, exemplary, punitive, indirect, unforeseen or significant damage of any kind (including, but not limited to, a loss of profit or savings) arising from a contract, negligence, objective responsibility or, conversely, damages that arise as a result of or are in some way connected with: (i) the use of our website, the travel or content service; (ii) any error or delay (including the impossibility of using a component of our website to access bookings or purchases); (iii) the performance or inactivity of ourselves or a supplier, including in the event that we are notified that these damages will arise. The Company will not be liable for any economic loss or damage suffered by you as a result of your access to our website, downloads of content from our website and/or the use of the travel service, not covered by the above paragraph, except in the event that the damage is a direct result of the Company’s negligence, in which case liability is limited to covering damages incurred directly, pursuant to Spanish consumer law.
Nothing under our Terms excludes or limits (i) the liability of both parties for death or injuries caused due to fault or negligence or (ii) your consumer rights.
Any correspondence with BLINK may be sent to firstname.lastname@example.org.