Last Updated: October 11, 2016
If you are using the Site, Application or Services you are contracting with Lucht Publishing, LLC with respect to use of the TTDcanarias.com, Application or Services, and with respect to any payments or payouts from or to you conducted through the Site, Application or Services.
TTDcanarias.com provides an online platform that connects suppliers who offer holiday homes, holiday experiences and associated services (collectively, the "Services") with customers seeking to purchase such services, which Services are accessible at http://www.TTDcanarias.com and any other websites through which TTDcanarias.com makes the Services available (collectively, the "Site") and as applications for mobile devices (the "Application").
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH SUPPLIERS MAY CREATE LISTINGS FOR SERVICES AND CUSTOMERS MAY LEARN ABOUT AND BOOK SERVICES DIRECTLY WITH THE SUPPLIER. YOU UNDERSTAND AND AGREE THAT TTDCANARIAS.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN SUPPLIER AND CUSTOMER, NOR IS TTDCANARIAS.COM A BROKER, AGENT OR INSURER. TTDCANARIAS.COM HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
"TTDcanarias.com Content" means all Content that TTDcanarias.com makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and TTDcanarias.com Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Customer" means a Member who books a Service from a Supplier via the Site, Application or Services, or a Member who participates in a Service and is not the Supplier for such Service.
"Supplier" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means a Service that is listed by a Supplier as available for booking via the Site, Application, and Services.
"Member" means a person who completes TTDcanarias.com's account registration process, including but not limited to Suppliers and Customers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, fees that Service providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
TTDcanarias.com reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and booking of things to do ("SERVICES"). Such SERVICES are included in Listings on the Site, Application and Services by Suppliers. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Service or create a Listing, you may must first register to create an TTDcanarias.com Account (defined below).
As stated above, TTDcanarias.com makes available an online platform or marketplace with related technology for Customers and Suppliers to meet online and arrange for bookings of Services directly with each other. TTDcanarias.com is not an operator of Services and TTDcanarias.com does not sell, manage and/or control services, including, but not limited to experiences, transportation or travel services.
Unless explicitly specified otherwise in the TTDcanarias.com platform, TTDcanarias.com's responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Supplier for the purpose of accepting payments from Customers on behalf of the Supplier.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE SUPPLIERS AND CUSTOMERS CONNECTING AND BOOKING SERVICES DIRECTLY WITH EACH OTHER. TTDCANARIAS.COM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. TTDCANARIAS.COM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and/or to book a Service or create a Listing, you must register to create an account ("TTDcanarias.com Account") and become a Member.
Your TTDcanarias.com Account and your TTDcanarias.com Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us. You may not have more than one (1) active TTDcanarias.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
TTDcanarias.com reserves the right to suspend or terminate your TTDcanarias.com Account and your access to the Site, Application and Services if you create more than one (1) TTDcanarias.com Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password.
You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your TTDcanarias.com Account, whether or not you have authorized such activities or actions. You will immediately notify TTDcanarias.com of any unauthorized use of your TTDcanarias.com Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Service to be listed, including, but not limited to, the location, capacity, features, and availability of the Service and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Services must have valid physical addresses.
Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Service via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Customer books your Service, you may not request the Customer to pay a higher price than displayed in the listing.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a Customer's participation at, a Service in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Service included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Please note that TTDcanarias.com assumes no responsibility for a Supplier's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. TTDcanarias.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that TTDcanarias.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are a Supplier, you understand and agree that TTDcanarias.com does not act as an insurer or as your contracting agent. If a Customer is booking your Service and participates at your Service, any agreement you enter into with such Customer is between you and the Customer and TTDcanarias.com is not a party to it. Notwithstanding the foregoing, TTDcanarias.com serves as the limited authorized payment collection agent of the Supplier for the purpose of accepting, on behalf of the Supplier, payments from Customers of such amounts stipulated by the Supplier.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to book your Service, such as minimum age, in order to book your Service. Any Member wishing to book Service included in Listings with such requirements must meet these requirements.
You acknowledge and agree that, as a Supplier, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Service at your request or invitation, excluding the Customer (and the individuals the Customer invites to the Service, if applicable.)
TTDcanarias.com recommends that Suppliers obtain appropriate insurance for their Service. Please review any insurance policy that you may have for your Service carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Customers (and the individuals the Customer invites to the Service, if applicable) while participating in your Service.
TTDcanarias.com may offer Suppliers the option of having photographers take photographs of their Service. If you as a Supplier choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words "TTDcanarias.com Verified Photo" or similar wording ("Verified Images").
You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing.
All images, materials and content created by these photographers, including Verified Images, constitute TTDcanarias.com Content, regardless of whether you include them in your Listing. You agree that TTDcanarias.com may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
TTDcanarias.com does not endorse any Member or any Service. You understand that Verified Images are intended only to indicate a photographic representation of the Service at the time the photograph was taken. Verified Images are therefore not an endorsement by TTDcanarias.com of any Member or any Service. Members are required by these Terms to provide accurate information, and although TTDcanarias.com may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else.
Any such description is not an endorsement, certification or guarantee by TTDcanarias.com about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services.
We therefore recommend that you always exercise due diligence and care when deciding whether to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm.
You agree not to attempt to impose liability on or seek any legal remedy from TTDcanarias.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
This limitation shall not apply to any claim by a Supplier against TTDcanarias.com regarding the remittance of payments received from a Customer by TTDcanarias.com on behalf of a Supplier, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Bookings and Financial Terms
"Service Fees" means the amounts that are due and payable by a Customer in exchange for that Customer's participation in a Service. The Supplier alone, and not TTDcanarias.com, is responsible for the Service Fees for his or her Listing. The Supplier may in his or her sole discretion decide to include in these amounts (i) any fee permitted on the TTDcanarias.com platform, or (ii) Taxes that the Supplier determines that he or she has to collect.
"Supplier Fees" means the fee that TTDcanarias.com charges a Supplier for the use of the Services, which is calculated as a percentage of the applicable Service Fees. The Supplier Fees will be displayed to the Supplier when the Listing is created.
“Booking Deposit” means the amount that a supplier requests as a down payment at the time of booking.
“Check-In Amount” means the amounts that are due and payable by a Customer when checking in at an Service and is calculated as the Service Fee minus the amount paid at the time of booking.
Bookings and Financial Terms for Suppliers and Customers
If you are a Supplier and your Service is booked via the Site, Application or Services, you will receive an email including the details of the booking and the customers contact details.
If, for any reason, you are unable to honor the booking, you are requested to inform TTDcanarias.com immediately by email and any amounts collected by TTDcanarias.com for the booking will be refunded to the applicable Customer's credit card and any pre-authorization of such credit card will be released.
TTDcanarias.com will collect the Supplier Fees and any Booking Deposit (as and if requested by the Supplier) at the time of booking and will initiate payment of the Booking Deposit minus the Supplier Fees to the Supplier within 24 hours of booking.
The time it takes for the Supplier to receive payouts may depend upon the payout method chosen by the Supplier. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Supplier, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to TTDcanarias.com (whether as a result of your bookings or actions as a Customer or otherwise), then TTDcanarias.com may (but is not obliged to) withhold the amount owing to TTDcanarias.com from any payout amounts due to you as a Supplier, and use the withheld amount to set off the amount owed by you to TTDcanarias.com.
If TTDcanarias.com does so, then your obligation to pay TTDcanarias.com will be extinguished to the extent of the amount withheld by TTDcanarias.com, and TTDcanarias.com will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks.
Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to TTDcanarias.com by you. Such communication may be made by TTDcanarias.com or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of TTDcanarias.com as Limited Payment Collection Agent for Supplier
Each Supplier hereby appoints TTDcanarias.com as the Supplier's limited payment collection agent solely for the purpose of accepting the Supplier Fee and the Booking Deposit from Customers.
Each Supplier agrees that payment made by a Customer through TTDcanarias.com, shall be considered the same as a payment made directly to the Supplier, and the Supplier will make the Service available to the Customer in the agreed-upon manner as if the Supplier has received the Booking Deposit.
Each Supplier agrees that TTDcanarias.com may, in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Customer to cancel the booking and (ii) refund (via TTDcanarias.com) to the Customer that portion of the Service Fees specified in the cancellation policy.
Each Supplier understands that as TTDcanarias.com accepts payments from Customers as the Supplier's limited payment collection agent and that TTDcanarias.com' obligation to pay the Supplier is subject to and conditional upon successful receipt of the associated payments from Customers.
TTDcanarias.com does not guarantee payments to Suppliers for amounts that have not been successfully received by TTDcanarias.com from Customers. In accepting appointment as the limited authorized agent of the Supplier, TTDcanarias.com assumes no liability for any acts or omissions of the Supplier.
Please note that TTDcanarias.com does not currently charge fees for the creation of Listings. However, you as a Supplier acknowledge and agree that TTDcanarias.com reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that TTDcanarias.com will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Customers
The Suppliers, not TTDcanarias.com, are solely responsible for honoring any bookings and making available any Service booked through the Site, Application and Services.
If you, as a Customer, choose to enter into a transaction with a Supplier for the booking of a Service, you agree and understand that you will be required to enter into an agreement with the Supplier and you agree to accept any terms, conditions, rules and restrictions associated with such Service imposed by the Supplier.
You acknowledge and agree that you, and not TTDcanarias.com, will be responsible for performing the obligations of any such agreements, that TTDcanarias.com is not a party to such agreements, and that, with the exception of its payment obligations hereunder, TTDcanarias.com disclaims all liability arising from or related to any such agreements.
You acknowledge and agree that, notwithstanding the fact that TTDcanarias.com is not a party to the agreement between you and the Supplier, TTDcanarias.com acts as the Supplier's payment collection agent for the limited purpose of accepting payments from you on behalf of the Supplier.
Upon your payment of the Booking Deposit to TTDcanarias.com, your payment obligation to the Supplier for the Service Fees is reduced by the amount of your deposit, and TTDcanarias.com is responsible for remitting the Booking Deposit (less the Supplier Fees), in the manner described in these Terms. In the event that TTDcanarias.com does not remit any such amounts as described in these Terms, such Supplier will have recourse only against such TTDcanarias.com.
The Total Fees payable will be displayed to a Customer before the Customer books an experience. If a booking is cancelled by the applicable Supplier, any amounts collected by TTDcanarias.com will be refunded to such Customer and any pre-authorization of such Customer's credit card will be released, if applicable.
You as a Customer agree to pay TTDcanarias.com for the deposit for any booking in connection with your TTDcanarias.com Account. In order to establish a booking, you understand and agree that TTDcanarias.com, on behalf of the Supplier, charge your credit card the booking fee.
Please note that TTDcanarias.com cannot control any fees that may be charged to a Customer by his or her bank related to TTDcanarias.com's collection of the booking deposit, and TTDcanarias.com disclaims all liability in this regard.
In connection with your booking, you will be asked to provide customary billing information such as name, billing address and credit card information to TTDcanarias.com or its third-party payment processor(s). You agree to pay TTDcanarias.com for any bookings made in connection with your TTDcanarias.com Account in accordance with these Terms by one of the methods described on the Site or Application, e.g. by PayPal or credit card.
You hereby authorize the collection of such amounts by charging the credit card provided as part of the booking, either directly by TTDcanarias.com or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to TTDcanarias.com Payments' third-party payment processor(s), you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices.
In consideration for the use of TTDcanarias.com's online marketplace and platform, TTDcanarias.com charges the Supplier Fees. TTDcanarias.com deducts the Supplier Fees from the Booking Deposit before remitting the balance to the Supplier as described in these Terms.
Balances will be remitted by TTDcanarias.com to Suppliers PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in Euro.
Except as otherwise provided herein, Supplier Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Customer, you wish to cancel a booking made via the Site, Application and Services, either prior to or after arriving at the Service, the cancellation policy of the Supplier contained in the applicable Listing will apply to such cancellation. Our ability to refund any amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Supplier cancels a booking made via the Site, Services, and Application, (i) TTDcanarias.com will refund the fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer will receive an email or other communication from TTDcanarias.com containing alternative Listings and other related information.
If, as a Supplier, you cancel a booking, you agree that TTDcanarias.com may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, or (ii) imposing a cancellation fee (to be withheld from your future payouts).
In certain circumstances, TTDcanarias.com may decide, in its sole discretion, that it is necessary or desirable to cancel a booking made via the Site, Application and Services. TTDcanarias.com may also determine, in its sole discretion, to refund to the Customer part or all of the amounts charged to the Customer. You agree that TTDcanarias.com and the relevant Customer or Supplier will not have any liability for such cancellations or refunds.
If, as a Supplier, your Customer cancels a booking or TTDcanarias.com decides that it is necessary to cancel a booking, and TTDcanarias.com issues a refund to the Customer, you agree that in the event you have already been paid TTDcanarias.com shall be entitled to recover the amount of any such Customer refund from you, including by subtracting such refund amount out from any future Experience Fees due to you.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
You as a Supplier understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. TTDcanarias.com cannot and does not offer Tax-related advice to any Members.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") may require Taxes to be collected from Customers or Suppliers on the amount paid for participating in your Services, and to be remitted to the respective Tax Authority.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam");
- "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an TTDcanarias.com Customer or Supplier;
- offer, as a Supplier, any Service that you do not yourself operate (without limiting the foregoing, you will not list Services as a Supplier if you are serving in the capacity of an agent or listing agent for a third party);
- register for more than one TTDcanarias.com Account or register for an TTDcanarias.com Account on behalf of an individual other than yourself;
- unless TTDcanarias.com explicitly permits otherwise, book any Service if you will not actually be participating yourself;
- contact a Supplier for any purpose other than asking a question related to a booking, such Supplier's Service or Listings;
- contact a Customer for any purpose other than asking a question related to a booking or such Customer's use of the Site, Application and Services;
- recruit or otherwise solicit any Supplier or other Member to join third-party services or websites that are competitive to TTDcanarias.com, without TTDcanarias.com's prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Supplier or Customer and then complete a booking of an Service independent of the Site, Application or Services;
- as a Supplier, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, TTDcanarias.com's name, any TTDcanarias.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without TTDcanarias.com's express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, TTDcanarias.com's computer systems, or the technical delivery systems of TTDcanarias.com's providers;
- attempt to probe, scan, or test the vulnerability of any TTDcanarias.com system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TTDcanarias.com or any of TTDcanarias.com's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- accept or make a payment for Booking Deposits outside TTDcanarias.com. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold TTDcanarias.com harmless from any liability for such payment.
TTDcanarias.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
TTDcanarias.com may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against TTDcanarias.com or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of TTDcanarias.com, its users, or members of the public.
You acknowledge that TTDcanarias.com has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
TTDcanarias.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TTDcanarias.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of TTDcanarias.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products.
TTDcanarias.com Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, TTDcanarias.com grants you a limited, non-exclusive, non-transferable license, to (i) access and view any TTDcanarias.com Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TTDcanarias.com or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content.
By making available any Member Content on or through the Site, Application and Services, you hereby grant to TTDcanarias.com a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services.
TTDcanarias.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to TTDcanarias.com the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TTDcanarias.com's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that TTDcanarias.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by TTDcanarias.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of TTDcanarias.com used herein are trademarks or registered trademarks of TTDcanarias.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.ç
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication.
You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of TTDcanarias.com and you hereby irrevocably assign to TTDcanarias.com and agree to irrevocably assign to TTDcanarias.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.
At TTDcanarias.com's request and expense, you will execute documents and take such further acts as TTDcanarias.com may reasonably request to assist TTDcanarias.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
TTDcanarias.com respects copyright law and expects its users to do the same. It is TTDcanarias.com's policy to terminate in appropriate circumstances the TTDcanarias.com Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and TTDcanarias.com Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your TTDcanarias.com Account.
If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your TTDcanarias.com Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your TTDcanarias.com Account, your Member Content, or receive assistance from TTDcanarias.com Customer Service, (b) any pending or accepted future bookings as either Supplier or Customer will be immediately terminated, (c) we may communicate to your Customers or Suppliers that a potential or confirmed booking has been cancelled, (d) we may refund your Customers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Customers to inform them about potential alternate Services with other Suppliers that may be available on the Site, Application and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your TTDcanarias.com Account.
You may cancel your TTDcanarias.com Account at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your TTDcanarias.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TTDCANARIAS.COM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND SUPPLIERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TTDCANARIAS.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TTDCANARIAS.COM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TTDCANARIAS.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICES, SUPPLIERS, CUSTOMERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TTDCANARIAS.COM OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SUPPLIERS OR CUSTOMERS. YOU UNDERSTAND THAT TTDCANARIAS.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY EXPERIENCES. TTDCANARIAS.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMERS AND SUPPLIERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TTDCANARIAS.COM. NOTWITHSTANDING TTDCANARIAS.COM'S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE SUPPLIERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE SUPPLIERS, TTDCANARIAS.COM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TTDCANARIAS.COM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TTDCANARIAS.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TTDCANARIAS.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SUPPLIERS PURSUANT TO THESE TERMS, IN NO EVENT WILL TTDCANARIAS.COM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY EXPERIENCE OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A CUSTOMER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SUPPLIER, THE AMOUNTS PAID BY TTDCANARIAS.COM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TTDCANARIAS.COM AND YOU.
You agree to release, defend, indemnify, and hold TTDcanarias.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Service, or (iii) creation of a Listing; (d) the participation in a Service by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of booking or participating in a Service.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws.
In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List.
By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Service is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. TTDcanarias.com does not permit Listings associated with certain countries due to U.S. embargo restrictions.
If you participate in an Service, anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TTDcanarias.com by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between TTDcanarias.com and you regarding the Site, Application, Services, Collective Content, and any bookings or Listings of Service made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TTDcanarias.com and you regarding bookings or listings of Service, the Site, Application, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without TTDcanarias.com's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TTDcanarias.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by TTDcanarias.com (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Delaware or a United States District Court, located in Delaware for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and TTDcanarias.com agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You acknowledge and agree that you and TTDcanarias.com are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and TTDcanarias.com otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and TTDcanarias.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and TTDcanarias.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable.
The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. TTDcanarias.com will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, TTDcanarias.com will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the "Modification" section above, if TTDcanarias.com changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice by email within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of TTDcanarias.com's email to you notifying you of such change.
By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and TTDcanarias.com in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of TTDcanarias.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of TTDcanarias.com.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms, please contact TTDcanarias.com.