{"id":12951,"date":"2024-03-13T17:10:37","date_gmt":"2024-03-13T17:10:37","guid":{"rendered":"https:\/\/www.bokun.io\/terms"},"modified":"2026-07-30T14:36:44","modified_gmt":"2026-07-30T14:36:44","slug":"terms","status":"publish","type":"page","link":"https:\/\/www.bokun.io\/es\/terms","title":{"rendered":"Terms of Service & Data Processing Agreement"},"content":{"rendered":"\r\n

\u00a0<\/h1>\r\n

Terms of Service & Data Processing Agreement<\/span><\/h1>\r\n
\u00a0<\/div>\r\n

 <\/p>\r\n

Bokun provides its service to you subject to the following terms<\/p>\r\n

B\u00f3kun Services Agreement<\/h3>\r\n

This Services Agreement (the \u201cAgreement<\/strong>\u201d) is by and between you (\u201cUser<\/strong>\u201d or \u201cyou<\/strong>\u201d\/\u201cyour<\/strong>\u201d) and Tripadvisor LLC dba B\u00f3kun, a Delaware limited liability company located at 400 1st<\/sup> Avenue, Needham, MA 02494, USA (\u201cB\u00f3kun<\/strong>\u201d or \u201cwe<\/strong>\u201d\/\u201cour<\/strong>\u201d\/\u201cus<\/strong>\u201d). By using all or any part of the services described in this Agreement and\/or by creating an account with B\u00f3kun (a \u201cUser Account<\/strong>\u201d), you represent that you accept and will comply with all of the terms of this Agreement, including all documents, policies and supplemental terms referred to within it, which are incorporated into this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms of this Agreement, in which case \u201cUser\u201d and \u201cyou\u201d shall refer to such entity. Together, B\u00f3kun and the User will be referred to in this Agreement as the \u201cParties\u201d.<\/p>\r\n

1.\u00a0 \u00a0 The Services<\/span><\/h3>\r\n

1.1\u00a0 \u00a0 \u00a0B\u00f3kun provides various services to suppliers, resellers and affiliates of travel and touristic services, including but not limited to tours, activities, attractions, accommodation, car rentals, transport and\/or any type of event (collectively referred to as \u201cTravel Products<\/strong>\u201d).<\/p>\r\n

1.2\u00a0 \u00a0 \u00a0The services provided by B\u00f3kun may include (but are not limited to) the following:<\/p>\r\n

1.2.1\u00a0 \u00a0 \u00a0 access to a day-to-day management and sales system, including but not limited to booking engines (the \u201cSoftware<\/strong>\u201d);<\/p>\r\n

1.2.2\u00a0 \u00a0 \u00a0 access to other users of B\u00f3kun\u2019s online marketplace (the \u201cB\u00f3kun Marketplace<\/strong>\u201d), and the opportunity to enter into contracts with such users to resell Travel Products or package your Travel Products with those of other users;<\/p>\r\n

1.2.3\u00a0 \u00a0 \u00a0 access to travel agencies and other distribution channels, through which you may sell your Travel Products (subject to the terms of business of those agencies and channels);<\/p>\r\n

1.2.4\u00a0 \u00a0 \u00a0 the opportunity to participate in B\u00f3kun\u2019s affiliate marketing hub (the \u201cB\u00f3kun Affiliate Hub<\/strong>\u201d), through which you can permit other users of the B\u00f3kun Marketplace to promote your Travel Products and drive bookings, and\/or place other users\u2019 Travel Products on your site in return for a commission;<\/p>\r\n

1.2.5\u00a0 \u00a0 \u00a0 a website builder and related services (the \u201cB\u00f3kun Website Service<\/strong>\u201d); and<\/p>\r\n

1.2.6\u00a0 \u00a0 \u00a0 other business services, including those accessible through B\u00f3kun’s app store (the \u00abB\u00f3kun App Store<\/strong>\u00ab).<\/p>\r\n

1.3\u00a0 \u00a0 \u00a0All of the services described in Section 1.2 and any other services that may be provided by B\u00f3kun from time to time (including the B\u00f3kun APIs) shall be referred to as the \u201cServices<\/strong>\u201d. Additional terms may apply to the provision of certain Services (\u201cSupplemental Terms<\/strong>\u201d), and such Supplemental Terms shall be incorporated within the terms of this Agreement.<\/p>\r\n

1.4\u00a0 \u00a0 \u00a0You acknowledge and agree that you have the following additional responsibilities if you subscribe to the B\u00f3kun Website Service:<\/p>\r\n

1.4.1\u00a0 \u00a0 \u00a0 You will be solely responsible for all activities conducted on or through any website provided through the B\u00f3kun Website Service (a \u201cB\u00f3kun Website<\/strong>\u201d), whether or not authorized by you and any transactions or interactions with end users of the B\u00f3kun Website. You will be solely responsible for providing end users of the B\u00f3kun Website with any applicable terms of use and privacy policy, including any required disclosure or explanation of the features of the B\u00f3kun Website and any goods or services offered through the B\u00f3kun Website. You will also be solely responsible for ensuring that the B\u00f3kun Website is fully compliant at all times with all applicable laws, including but not limited to through its use of cookies, web beacons and any other tracking technologies.<\/p>\r\n

1.4.2\u00a0 \u00a0 \u00a0 It is solely your responsibility to provide any User Content, information, equipment or software that may be necessary for you to use the B\u00f3kun Website Service.<\/p>\r\n

1.4.3\u00a0 \u00a0 \u00a0 You have sole responsibility for backing up all User Content. B\u00f3kun shall in no circumstances be responsible for the loss of any User Content.<\/p>\r\n

1.4.4\u00a0 \u00a0 \u00a0 You will use your best efforts to ensure that the User Content and B\u00f3kun Website are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.<\/p>\r\n

1.5\u00a0 \u00a0 \u00a0All Services are provided \u201cas-is\u201d and B\u00f3kun assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any User communications, personalisation settings or content, information or other data. You are responsible for obtaining access to the Services, and that access may involve third party fees (such as Internet service provider or airtime charges). You alone are responsible for all such fees. In addition, you must provide, and are responsible for, all equipment necessary to access the Services. You agree to use the Services in a manner consistent with all applicable laws and regulations and in accordance with the terms of this Agreement.<\/p>\r\n

1.6\u00a0 \u00a0 \u00a0B\u00f3kun reserves the right at any time to amend, suspend or discontinue any one or more of the Services, with or without notice. You agree that B\u00f3kun shall not be liable to you or any third party for any such amendments, suspension or discontinuance of any Service.<\/p>\r\n

1.7\u00a0 \u00a0 \u00a0B\u00f3kun may at any time and from time to time establish general practices and limits concerning use of the Services, including without limitation the maximum disk space, bandwidth, volume of B\u00f3kun API calls and server processing that will be allotted on B\u00f3kun\u2019s servers on your behalf, and the maximum number of times (and the maximum duration for which) you and your customers and\/or agents may access the Services in a given period. You will comply with such practices and limits. You may not reverse engineer, decompile or disassemble any Software. B\u00f3kun takes no responsibility or liability for the deletion or failure to retain any messages and other communication or content, information or other data maintained or transmitted by the Services. These general practices may be amended and modified by B\u00f3kun from time to time with or without notice to you.<\/p>\r\n

1.8 Your access to and use of any application programming interfaces (APIs) provided to you by B\u00f3kun (the \u00abB\u00f3kun API<\/strong>\u00ab) is governed by the B\u00f3kun API Terms (https:\/\/www.bokun.io\/legal\/api-terms<\/a>), which are incorporated herein by reference.<\/p>\r\n

2.\u00a0 \u00a0 User Account<\/span><\/h3>\r\n

2.1\u00a0 \u00a0 \u00a0To access and use one or more of the Services, you will have to create an account (\u201cUser Account\u201d).<\/p>\r\n

2.2 If you are an individual, you must be at least 18 years old, and legally able to carry out your business in your jurisdiction. You confirm that you will use the Services solely for the purposes of carrying on a business activity and not for any personal, household or family purpose. If you sign up for a User Account on behalf of your employer, your employer will be deemed to be the User for the purpose of this Agreement, and you represent and warrant that you have the authority to bind your employer to this Agreement. Each User is responsible for: (a) ensuring that its employees, agents and subcontractors comply with this Agreement and (b) any breach of this Agreement by User\u2019s employees, agents or subcontractors.<\/p>\r\n

2.3\u00a0 \u00a0 \u00a0You shall ensure that all information you provide to B\u00f3kun in connection with your User Account and use of the Services is at all times accurate, complete and up-to-date.<\/p>\r\n

2.4\u00a0 \u00a0 \u00a0You are solely responsible for maintaining the confidentiality of your password and other User Account information. You are fully responsible and liable for all activities on your User Account (including any sub-accounts as described in Section 2.4).<\/p>\r\n

2.5\u00a0 \u00a0 \u00a0If you are granted permission by B\u00f3kun to create sub-accounts within your User Account, such sub-accounts may be created solely for members of your organization, and not for any third parties.<\/p>\r\n

2.6\u00a0 \u00a0 \u00a0You shall immediately notify B\u00f3kun of any unauthorised use of your User Account, password or any other breach of security.<\/p>\r\n

2.7\u00a0 \u00a0 \u00a0You shall ensure that you exit and log off your User Account at the end of each usage session. B\u00f3kun will not be liable for any loss or damage arising from your failure to comply with this Section 2.<\/p>\r\n

3.\u00a0 \u00a0 Fees and Payments<\/span><\/h3>\r\n

3.1\u00a0 \u00a0 \u00a0General.<\/strong> You will pay the Fees applicable to (a) your subscription to the Services (\u201cSubscription Fees<\/strong>\u201d), (b) service fees calculated as a percentage of the value of any bookings that are made using the Services (\u201cService Fees<\/strong>\u201d), and any fees relating to your purchase or use of any Third Party Services (\u201cAdditional Fees<\/strong>\u201d). Together, the Subscription Fees, the Service Fees, and the Additional Fees are referred to as the \u201cFees\u201d.<\/p>\r\n

3.2\u00a0 Payment Method.<\/strong> You must keep a valid payment method on file with B\u00f3kun to pay for all incurred and recurring Fees. B\u00f3kun will charge applicable Fees to any valid payment method that you authorize within your User Account (the \u201cAuthorized Payment Metho<\/strong>d\u201d), and B\u00f3kun will continue to charge the Authorized Payment Method for applicable Fees until all outstanding Fees have been paid in full.<\/p>\r\n

3.3\u00a0 \u00a0 \u00a0Subscription Fees.<\/strong> The Subscription Fees are charged in advance on a recurring basis (except where may otherwise have been agreed with you). Accordingly, where applicable, B\u00f3kun will attempt to automatically renew the Services on a monthly basis (each month being a \u201cBilling Period<\/strong>\u201d), and will automatically charge you the applicable Subscription Fees using the Authorized Payment Method. If you wish to stop using one or more Service, you need to notify B\u00f3kun within your User Account at least two (2) US business days prior to the start of the next Billing Period. We will then remove your access to such Service(s) from the end of your last Billing Period.<\/p>\r\n

3.4\u00a0 \u00a0 \u00a0Free Trials.<\/strong> B\u00f3kun may sometimes offer the opportunity to utilize one or more Services for free (or partially free) for a limited period of time (\u201cFree Trial<\/strong>\u201d). If you are participating in a Free Trial, you shall have the right to use such Service(s) for the duration of the Free Trial without charge (or, as applicable, with the limited charges specified) until the expiration date of the Free Trial. Unless you notify B\u00f3kun by email that you do not wish to subscribe to such Service(s) at least two (2) US business days prior to such expiration date, B\u00f3kun may automatically charge you for your first payment the day following expiry of the Free Trial, and your subscription to the Service(s) shall then begin on the basis of the standard Fees.<\/p>\r\n

3.5\u00a0 \u00a0 \u00a0Service Fees.<\/strong> B\u00f3kun may offer you a choice of how to pay the Service Fees. If you choose to be invoiced by B\u00f3kun for the Service Fees on a monthly basis, Section 3.5 (a) \u2013 (c) shall apply. If you choose to pay the Service Fees using \u201cB\u00f3kun Pay\u201d, Section 3.6 shall apply. (a)\u00a0 B\u00f3kun shall send an invoice for the Service Fees to you at the beginning of each month, based on booking value and booking dates (not travel dates) in the preceding month. (b)\u00a0 For the avoidance of doubt, if any booking is cancelled (in accordance with the applicable cancellation policy) after the corresponding invoice has been raised, the Service Fees in respect of such booking shall still be payable by you. (c)\u00a0 Each invoice submitted by B\u00f3kun shall be paid in full by you by credit card. You are required to submit your credit card details before being invoiced by B\u00f3kun.<\/p>\r\n

3.6\u00a0 \u00a0 \u00a0B\u00f3kun Pay.<\/strong> If you choose to pay the Service Fees using \u201cB\u00f3kun Pay\u201d, you will be required to create an account with a third party payment provider, subject to separate terms and conditions with such third party (the \u201cB\u00f3kun Pay Provider\u201d). You agree to be bound by the B\u00f3kun Pay Provider\u2019s terms and conditions. Unless otherwise notified to you, the Service Fees will be paid to B\u00f3kun by the B\u00f3kun Pay Provider, based on booking value and booking dates (not travel dates) in the preceding month. In choosing to use B\u00f3kun Pay, you agree that no refunds will be due in respect of Service Fees for bookings that are subsequently cancelled and\/or otherwise refunded at any time.<\/p>\r\n

3.7\u00a0 \u00a0 \u00a0Changes to Fees.<\/strong> B\u00f3kun reserves the right to increase the Fees from time to time with effect from the following month by providing you with no less than 30 days\u2019 notice. For the avoidance of doubt, B\u00f3kun does not need to notify you if we decide to raise the price of a Service for which you are not subscribed.<\/p>\r\n

3.8\u00a0 \u00a0 \u00a0Taxes.<\/strong> 3.8.1\u00a0 \u00a0 \u00a0 All amounts payable under this Agreement: (a)\u00a0 \u00a0 \u00a0will be exclusive of any applicable sales, use, excise, value added tax, or other tax or amount which may be levied on the Services provided for under this Agreement. Where applicable, taxes payable will be reflected as separate items on invoices, which will include a detailed description of such tax; and (b)\u00a0 \u00a0 \u00a0shall be paid in full without any deductions except where the payor is required by law to deduct withholding tax from sums payable to the payee and remit to the local tax authorities. Payor shall promptly provide to payee any proof of such remittances to the local tax authorities, including receipts issued from the appropriate tax regulatory authority or any other relevant documentation evidencing payment of any amounts deducted pursuant to this clause.<\/p>\r\n

3.8.2\u00a0 \u00a0 \u00a0 There may be additional terms and conditions relating to taxes that are set out in the Supplemental Terms. It is your responsibility to ensure that you comply with all such additional terms.<\/p>\r\n

4.\u00a0 \u00a0 Intellectual Property Rights<\/span><\/h3>\r\n

4.1\u00a0 \u00a0 \u00a0B\u00f3kun\u2019s intellectual property rights in or arising out of the Services shall at all times be the property of B\u00f3kun. Nothing in this Agreement shall be regarded as the assignment of any such intellectual property rights to you.<\/p>\r\n

4.2\u00a0 \u00a0 \u00a0Any intellectual property rights in or arising out of the Services that may be owned by third parties shall at all times remain with such third parties.<\/p>\r\n

5.\u00a0 \u00a0 User Content<\/span><\/h3>\r\n

5.1\u00a0 \u00a0 \u00a0B\u00f3kun does not claim ownership of any content that is submitted to or otherwise made available by you for the use of any part of the Services (the \u201cUser Content<\/strong>\u201d). The User Content includes, but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials. You are fully responsible for all of your User Content, including for archiving and backing up your User Content frequently.<\/p>\r\n

5.2\u00a0 \u00a0 \u00a0You grant B\u00f3kun a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your User Content for the purposes of providing the Services. The license exists only for as long as you elect to continue to include such User Content on or within the Services and will terminate at the time the User removes such User Content from the Services and\/or terminates this Agreement.<\/p>\r\n

5.3\u00a0 \u00a0 \u00a0By using the Services, you agree that B\u00f3kun may use your name and logo in presentations, marketing material, client lists, financial reports and on websites listing B\u00f3kun\u2019s customers. If, pursuant to the provision of the B\u00f3kun Website Service, B\u00f3kun makes an icon available to you incorporating the words \u201cpowered by B\u00f3kun\u201d (or similar) (the \u201cIcon\u201d), B\u00f3kun grants to you a limited, royalty-free and non-exclusive license to use the B\u00f3kun name solely as incorporated within such Icon for the purposes of displaying the Icon on your B\u00f3kun Website.<\/p>\r\n

5.4\u00a0 \u00a0 \u00a0You agree not to upload, transmit or otherwise make available in connection with the Services any User Content that is unlawful, subject to third party property rights, harmful, threating, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another person\u2019s privacy, hateful, racist or otherwise objectionable.<\/p>\r\n

5.5\u00a0 \u00a0 \u00a0If B\u00f3kun becomes aware of any User Content violating Section 5.4 of this Agreement, B\u00f3kun reserves the right to remove any such User Content from the Services.<\/p>\r\n

5.6\u00a0 \u00a0 \u00a0Under no circumstances will B\u00f3kun be liable for the User Content, including but not limited to, for any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Services. You bear all risks associated with the use of any of your User Content.<\/p>\r\n

6.\u00a0 \u00a0 Third Party Services<\/span><\/h3>\r\n

6.1 B\u00f3kun may from time to time recommend, provide you with access to, and\/or enable your use of third party software, applications, products, services or website links (collectively, \u201cThird Party Services<\/strong>\u201d), including via the B\u00f3kun App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the provider of the applicable Third Party Services (each, a \u201cThird Party Provider<\/strong>\u201d). In addition to this Agreement, you also agree to be bound by the additional terms applicable to any Third Party Services you purchase from, or that are provided by, Third Party Providers.<\/p>\r\n

6.2 Any use by you of Third Party Services offered through the Services or through the B\u00f3kun App Store is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and privacy policies applicable to such Third Party Services before using them. In some instances, B\u00f3kun may receive a revenue share from Third Party Providers whose Third Party Services you use. B\u00f3kun does not provide any warranties or make representations to you with respect to any Third Party Services. You acknowledge that B\u00f3kun has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services.<\/p>\r\n

6.3 The availability of Third Party Services through the Services, including the B\u00f3kun App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with B\u00f3kun. B\u00f3kun does not guarantee the availability of Third Party Services and you acknowledge that B\u00f3kun may disable access to any Third Party Services at any time in its sole discretion and without notice to you. B\u00f3kun is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. B\u00f3kun strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.<\/p>\r\n

6.4 If you install or enable a Third Party Service for use with the Services, you grant B\u00f3kun permission to allow the applicable Third Party Provider to access your data and other materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. B\u00f3kun is not responsible for any disclosure, modification or deletion of your data or other materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other materials.<\/p>\r\n

6.5 The relationship between you and any Third Party Provider is solely and strictly between you and such Third Party Provider, and B\u00f3kun has no obligation to intervene in any dispute arising between you and a Third Party Provider.<\/p>\r\n

6.6 Under no circumstances shall B\u00f3kun be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or any other damages or loss whatsoever, that result from any Third Party Services and\/or your contractual relationship with any Third Party Provider. These limitations shall apply even if B\u00f3kun has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.<\/p>\r\n

6.7 You agree to indemnify and hold B\u00f3kun, its affiliates, respective officers, directors and employees harmless from any claim or demand, including reasonable attorneys\u2019 fees, arising out of your use of a Third Party Service and\/or your relationship with a Third Party Provider.<\/p>\r\n

7.\u00a0 \u00a0 Confidentiality and Data Protection<\/span><\/h3>\r\n

7.1 Any information disclosed by or on behalf of one Party to the other Party during the term of this Agreement that is identified as being proprietary and\/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and\/or confidential, including, without limitation, all information pertaining to a Party\u2019s business, technical processes and formulas, software, customer and prospective customer lists, product designs, sales, costs, unpublished price lists and other financial information, business plans, and marketing data, constitute \u201cConfidential Information.<\/strong>\u201d The Party receiving Confidential Information of the disclosing Party will maintain safeguards against its destruction, loss, alteration or disclosure, which safeguards shall be consistent with industry best practices and no less rigorous than the protections afforded by the receiving Party to its own proprietary information and will not, during or after the term of this Agreement, (a) use any such Confidential Information for any purpose other than to perform the receiving Party\u2019s obligations or exercise the receiving Party\u2019s rights under this Agreement and (b) disclose any such Confidential Information to any third party, other than disclosures made by B\u00f3kun pursuant to the activities contemplated in this Agreement. Notwithstanding the foregoing, the obligations of this Section 7 do not apply to information which is: (i) generally available to the public, without any obligation of confidentiality, other than by a breach of this Agreement by the receiving Party; (ii) rightfully received by the receiving Party from a third party without any obligation of confidentiality; (iii) independently developed by the receiving Party without reference to or reliance on the other Party\u2019s Confidential Information; or (iv) generally made available to third parties by the disclosing Party without restriction on disclosure. Upon termination of this Agreement, or upon the disclosing Party\u2019s earlier request, the receiving Party will return, or destroy and certify as such, all of the disclosing Party\u2019s Confidential Information in the receiving Party\u2019s possession or under the receiving Party\u2019s control and will cease all use of such Confidential Information.<\/p>\r\n

7.2\u00a0 \u00a0 \u00a0In relation to the Services, each Party shall comply with all requirements of applicable data processing laws and regulations (the \u201cData Protection Legislation\u201d). Each Party acknowledges that, for the purposes of the Data Protection Legislation, you are the data controller and B\u00f3kun is the data processor. For the avoidance of doubt, you may not use any personal information (including e-mail addresses or other contact details) that is collected or acquired through your use of the Services in any way unless you have the lawful right to do so.<\/p>\r\n

7.3\u00a0 \u00a0 \u00a0The Parties agree to the terms of the data processing agreement set forth in Annex 1 (the \u201cData Processing Agreement<\/strong>\u201d) in relation with B\u00f3kun\u2019s processing of personal data on your behalf.<\/p>\r\n

8.\u00a0 \u00a0 Record Retention<\/span><\/h3>\r\n

B\u00f3kun shall compile and retain records of transactions, User Content and data related to the Services provided to you. You acknowledge and agree that B\u00f3kun may preserve, delete, and\/or disclose any of the foregoing if required to do so by law or in the good faith believe that such preservation, deletion or disclosure is reasonably necessary to: a) comply with legal process; b) enforce this Agreement; or c) defend B\u00f3kun\u2019s rights and\/or those of any third parties.<\/p>\r\n

9.\u00a0 \u00a0 Limitation of Liability<\/span><\/h3>\r\n

9.1\u00a0 \u00a0 \u00a0All usage of the Services is at your own risk.<\/p>\r\n

9.2\u00a0 \u00a0 \u00a0Neither B\u00f3kun nor its affiliates, nor any of their respective officers, directors, members, shareholders, employees, agents, third party content providers, or licensors warrant that the Services or the Software will be uninterrupted, timely, secure or error-free, nor do they provide any warranty as to (a) the results that may be obtained from the use of any Service or the Software including their accuracy, reliability, quality, adequacy, timeliness or authenticity; or (b) the accuracy, reliability, quality, adequacy, timeliness or authenticity of any advertisements, information, services, products, merchandise and\/or other material that is purchased through or provided via the Services. The Services and the Software are provided on an \u201cas is\u201d and \u201cas available\u201d basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose.<\/p>\r\n

9.3\u00a0 \u00a0 \u00a0In no event will B\u00f3kun, or any person or entity involved in creating, producing or distributing the Services or Software, be liable to you or to any other person or entity for any indirect, incidental, special, punitive or consequential damages, or loss of profit or revenue arising out of the use of or inability to use the Services or Software (including the B\u00f3kun APIs), including but not limited to losses incurred as a result of the modification of content or the failure of any content to transfer to a B\u00f3kun Website, any decrease in web traffic, SEO ranking, or any other impact on your business, whether financial or otherwise. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action regardless of whether B\u00f3kun had notice of the cause or such cause was foreseeable. These disclaimers and limitations shall apply even in the event of a fundamental or material breach or a breach of the fundamental or material terms of this Agreement. To the maximum extent permitted by law, B\u00f3kun\u2019s liability to you under this Agreement shall be limited to the Service Fees paid by you to B\u00f3kun in the six (6) months immediately preceding the date the cause of action arose.<\/p>\r\n

9.4\u00a0 \u00a0 \u00a0You agree to indemnify and hold harmless B\u00f3kun, its affiliates, respective officers, directors and employees, from and against any and all claims of third parties relating to, arising out of or resulting from use of the Services and Software (including the B\u00f3kun APIs), other than claims arising from gross negligence or wilful misconduct of B\u00f3kun, its affiliates, respective officers, directors and\/or employees.<\/p>\r\n

9.5\u00a0 \u00a0 \u00a0By using any Service and agreeing to this Agreement, you acknowledge that you have not relied on any prior representation, warranty or other assurance made by or on behalf of B\u00f3kun, and you waive all rights and remedies which might otherwise be available to you in respect of such representation, warranty or other assurance, provided that nothing in this Section shall exclude or limit any liability for fraud.<\/p>\r\n

10. Suspension and Termination<\/span><\/h3>\r\n

10.1\u00a0 Without affecting any other right or remedy available to it, either Party may terminate this Agreement at any time. If you wish to terminate this Agreement, you must do so by notifying us through your User Account. B\u00f3kun may suspend and\/or terminate any one or more of the Services at any time without notice.<\/p>\r\n

10.2\u00a0 B\u00f3kun may terminate the Services with immediate effect by giving written notice to you if:<\/p>\r\n

10.2.1\u00a0 \u00a0you commit a material breach of any of the provisions of this Agreement; or<\/p>\r\n

10.2.2\u00a0 \u00a0you become insolvent, cease to trade or have a liquidator, receiver, manager, administrator or administrative receiver or similar officer appointed in respect of the whole or part of your business, or enter into any arrangement or composition with your creditors, or are made bankrupt, or undergo a similar or analogous event in any jurisdiction;<\/p>\r\n

10.2.3\u00a0 \u00a0you fail to pay any amount due and payable pursuant to Section 3, after B\u00f3kun has sent you a notification of payment failure; or<\/p>\r\n

10.2.4\u00a0 \u00a0your User Account has been inactive for a period of ninety (90) days or more; or<\/p>\r\n

10.2.5\u00a0 \u00a0if you object to the use of any sub-processor according to the Data Processing Agreement.<\/p>\r\n

10.3\u00a0 Upon termination, B\u00f3kun may in its sole discretion close your User Account, delete any existing data from your User Account, and refuse any future submission of data from you.<\/p>\r\n

10.4\u00a0 Upon termination, all unpaid Fees shall become due and payable.<\/p>\r\n

11. Amendments to Agreement<\/span><\/h3>\r\n

B\u00f3kun may update or replace this Agreement without prior notice to you and at our sole discretion at any time by posting a new version to the B\u00f3kun website. Your continued access to or use of the Services and\/or Software indicates your acceptance of the current published version of the Agreement.<\/p>\r\n

12. Force Majeure<\/span><\/h3>\r\n

B\u00f3kun shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.<\/p>\r\n

13. Notifications<\/span><\/h3>\r\n

13.1\u00a0 TripAdvisor LLC dba B\u00f3kun does not accept legal notices or service of legal process by any means other than hard copy post delivered to TripAdvisor LLC, 400 1st Avenue, Needham, MA 02494, USA. For the avoidance of doubt and without limitation, TripAdvisor LLC therefore does not accept notices or legal service deposited upon any of its affiliates or subsidiaries.<\/p>\r\n

13.2\u00a0 All other notifications given in connection with this Agreement may be in writing via email. B\u00f3kun\u2019s email address is info@bokun.is.<\/p>\r\n

14. Assignment and other Dealings<\/span><\/h3>\r\n

14.1\u00a0 B\u00f3kun may at any time assign, subcontract, delegate or deal in any other manner with any or all its rights and obligations related to the Services and this Agreement.<\/p>\r\n

14.2\u00a0 You shall not assign, transfer, delegate or deal in any other manner with any of its rights and obligations related to the Services and this Agreement without the prior written consent of B\u00f3kun, to be given or withheld in B\u00f3kun’s sole discretion.<\/p>\r\n

15. Governing Law and Jurisdiction<\/h3>\r\n

15.1 This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of the Commonwealth of Massachusetts, USA. Subject to Section 15.2, each Party hereby consents to the exclusive jurisdiction and venue of courts in Massachusetts, USA and stipulates to the fairness and convenience of proceedings in such courts for all disputes, both contractual and non-contractual, arising out of or relating to the use of the Services. All claims against TripAdvisor LLC arising from or relating to the Services must be heard and resolved in a court of competent subject matter jurisdiction located in the Commonwealth of Massachusetts. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this section.<\/p>\r\n

15.2 Nothing in this Section 15 shall limit the right of TripAdvisor LLC to take proceedings against you in any other court, or courts, of competent jurisdiction. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and\/or jurisdiction.<\/p>\r\n

DATA PROCESSING AGREEMENT<\/span><\/strong><\/p>\r\n

BACKGROUND AND PURPOSE OF PROCESSING<\/span><\/p>\r\n

In relation to the Services, B\u00f3kun (the \u201cProcessor<\/strong>\u201d) may process information and data, which can be considered Personal Data in the meaning of data protection legislation, i.e. Regulation 2016\/679 of the European Parliament and of the Council of 27 April 2016 effective from 25 May 2018 (\u201cData Protection Legislation<\/strong>\u201d), on behalf of the User (the \u201cController<\/strong>\u201d). Where the Processor processes such Personal Data on behalf of the Controller, the Processor is considered a data processor according to Data Protection Legislation, and the Controller a data controller. The purpose of this Data Processing Agreement is to regulate the Parties\u2019 rights and obligations in relation to the Processor\u2019s processing of Personal Data on behalf of the Controller, particularly to ensure the secure processing of the Personal Data and to fulfil the requirement of the Data Protection Legislation. 15.2\u00a0 \u00a0 \u00a0 \u00a0PROCESSING OF PERSONAL DATA AND CATEGORIES OF PERSONAL DATA AND DATA SUBJECTS<\/strong> 1.1\u00a0 \u00a0 \u00a0 The Processor will process Personal Data related to the Controller\u2019s business activities on behalf of the Controller (the \u201cData Subjects\u201d). 1.2\u00a0 \u00a0 \u00a0 The Processor will process the personal data uploaded by the Controller on the Processor\u2019s Software (the \u201cPersonal Data\u201d). They may include e.g.: \u00b7\u00a0 \u00a0 \u00a0 Contact information \u00b7\u00a0 \u00a0 \u00a0 Travel arrangement information \u00b7\u00a0 \u00a0 \u00a0 Sensitive Personal Data, such as religious beliefs and health information.<\/p>\r\n

15.3\u00a0 \u00a0 \u00a0 \u00a0THE PROCESSOR\u2019S OBLIGATIONS<\/span><\/strong><\/p>\r\n

2.1\u00a0 \u00a0 \u00a0 The Processor is only permitted to process Personal Data on behalf of the Controller in accordance with this Data Processing Agreement or in accordance with the Controller\u2019s documented instructions, unless the Processor is authorized to do so by law.<\/p>\r\n

2.2\u00a0 \u00a0 \u00a0 The Processor shall ensure that its employees, and others who have access to the Personal Data, only process the Personal Data according to the instructions given by the Controller.<\/p>\r\n

15.4\u00a0 \u00a0 \u00a0 \u00a0THE CONTROLLER’S OBLIGATIONS<\/span><\/strong><\/p>\r\n

3.1\u00a0 \u00a0 \u00a0 The Controller warrants that it has the right to process the Personal Data in question, and that it has the right to appoint the Processor to process the Personal Data on the Controller\u2019s behalf.<\/p>\r\n

3.2\u00a0 \u00a0 \u00a0 The Controller shall be responsible for notifying the processing activities to the applicable data protection authority and\/or acquiring a permit for the processing, where applicable.<\/p>\r\n

15.5\u00a0 \u00a0 \u00a0 \u00a0CONFIDENTIALITY AND TRAINING OF EMPLOYEES<\/span><\/strong><\/p>\r\n

The Processor shall ensure that all employees, and others who may have access to the Personal Data, have committed themselves to confidentiality about everything they learn of while processing Personal Data on behalf of the Controller.<\/p>\r\n

15.6\u00a0 \u00a0 \u00a0 \u00a0SECURITY MEASURES<\/span><\/strong><\/p>\r\n

5.1\u00a0 \u00a0 \u00a0 The Processor shall ensure that appropriate technical and organizational measures are implemented to ensure a level of security of the Personal Data processed on behalf of the Controller. The measures shall ensure a level of security appropriate to the risk, taking into account the state of the art, the cost of implementation and the nature, scope, context and purpose of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.<\/p>\r\n

5.2\u00a0 \u00a0 \u00a0 The Processor is responsible for ensuring that the technical and organizational measures adopted at all times are appropriate and sufficient.<\/p>\r\n

5.3\u00a0 \u00a0 \u00a0 For the purposes of preventing and limiting damage caused by human error, theft, fraud and other abuse, the Processor will implement and maintain: \u00b7\u00a0 \u00a0 \u00a0 the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; \u00b7\u00a0 \u00a0 \u00a0 the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident; and \u00b7\u00a0 \u00a0 \u00a0 a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of processing.<\/p>\r\n

5.4\u00a0 \u00a0 \u00a0 The Processor will limit the access to the Personal Data to only those who need it for the purpose of its duties according to this Data Processing Agreement.<\/p>\r\n

5.5\u00a0 \u00a0 \u00a0 The Processor will ensure that all employees, who have access to the Personal Data from the Controller, have received appropriate training on the laws relating to the handling of Personal Data and are aware both of the Processors\u2018 duties, as well as their personal duties and obligations under Data Protection Legislation and this Data Processing Agreement.<\/p>\r\n

5.6\u00a0 \u00a0 \u00a0 The Processor shall notify the Controller without undue delay after becoming aware of a Personal Data breach and shall take reasonable steps to mitigate the effects and to minimize any damage resulting from such breach. To assist the Controller in relation to any Personal Data breach notification the Controller is required to make under the relevant Data Protection Legislation, such a notification shall include information the Processor reasonably is able to disclose to the Controller, taking into account the nature of the service, the information available to the Processor and any restriction on disclosing the information, such as confidentiality.<\/p>\r\n

5.7\u00a0 \u00a0 \u00a0 The Processor shall inform the Controller of where the Personal Data is stored upon request. The Processor may transfer Personal Data outside the European Economic Area, however only if such transfer is to an entity in a country that provides an adequate level of personal data protection within the meaning of Data Protection Legislation or the entity: (a) is part of the EU-U.S. Privacy Shield Framework; or (b) uses Standard Contractual Clauses adopted by the European Commission. If the mechanism used by the Parties for the transfer of Personal Data to third countries should become invalid, the Parties will promptly put in place an alternative mechanism for the transfer of Personal Data to third countries. B\u00f3kun primarily hosts the Personal Data at Amazon Web Services.<\/p>\r\n

15.7\u00a0 \u00a0 \u00a0 \u00a0INTERNAL AUDIT<\/span><\/strong><\/p>\r\n

6.1\u00a0 \u00a0 \u00a0 The Processor shall conduct an internal audit of the processing of Personal Data to make sure the Personal Data is processed in accordance with applicable law and that appropriate security measures have been implemented.<\/p>\r\n

6.2\u00a0 \u00a0 \u00a0 The internal audit shall be conducted regularly. The frequency and scope of the audit shall be decided depending on the risk involved by the processing, the nature of the data being processed, the technique being used to ensure the security of the data and the cost of the audit. The audit shall be performed at the least once a year.<\/p>\r\n

6.3\u00a0 \u00a0 \u00a0 The Processor shall prepare a report on the performance of the internal audit. The report shall describe the outcome of each element of the audit. The reports shall be securely stored.<\/p>\r\n

15.8\u00a0 \u00a0 \u00a0 \u00a0SUBPROCESSORS<\/span><\/strong><\/p>\r\n

7.1\u00a0 \u00a0 \u00a0 The Controller accepts the Processor\u2019s use of sub-processors to perform specific processing activities according to this Data Processing Agreement. A list of the Processors sub-processors shall be available upon reasonable request. The Controller can always object to the use of sub-processors within 30 days from receipt of such list.<\/p>\r\n

7.2\u00a0 \u00a0 \u00a0 The Processor shall impose materially the same data protection obligations as set out in this Data Processing Agreement and the Data Protection Legislation on any sub-processor.<\/p>\r\n

7.3\u00a0 \u00a0 \u00a0 The Processor shall always remain fully liable to the Controller for the performance of the sub-processor\u2019s obligations.<\/p>\r\n

15.9\u00a0 \u00a0 \u00a0 \u00a0DATA SUBJECT REQUESTS AND THIRD PARTY RIGHTS<\/span><\/strong><\/p>\r\n

8.1\u00a0 \u00a0 \u00a0 The Processor shall assist the Controller by appropriate technical and organizational measures, to the extent reasonable possible, to respond to requests for exercising any Data Subject\u2019s rights in accordance with the Data Protection Legislation, e.g. access to Personal Data, rectification or erasure of data and portability of data. The same applies to any requests and enquiries by relevant supervisory authorities.<\/p>\r\n

8.2\u00a0 \u00a0 \u00a0 The Processor shall refer any Data Subjects\u2019 requests which relate to the Controller\u2019s data to the Controller.<\/p>\r\n

15.10\u00a0 \u00a0 DURATION OF DATA PROCESSING AGREEMENT<\/span><\/strong><\/p>\r\n

The Data Processing Agreement shall be valid as long as the Agreement is in force.<\/p>\r\n

15.11\u00a0 \u00a0 ERASURE OR RETURN OF PERSONAL DATA<\/span><\/strong><\/p>\r\n

10.1\u00a0 \u00a0The Processor shall, in consult with the Controller, erase the Personal Data where the data is no longer necessary in relation to the purposes for which they were collected, unless otherwise required by law.<\/p>\r\n

10.2\u00a0 \u00a0The Controller can at any time instruct the Processor to erase or return Personal Data to the Controller. The Processor shall respond to such instructions as soon and to the extent reasonably possible.<\/p>\r\n

10.3\u00a0 \u00a0Upon the termination of this Data Processing Agreement the Processor shall, at the Controller\u2019s choosing, erase or return all Personal Data it stores or has access to, to the Controller. The Processor shall also erase all copies of the Personal Data, unless the Processor is obligated by law to store the data.<\/p>\r\n

15.12\u00a0 \u00a0 INDEMNITY AND COSTS<\/span><\/strong><\/p>\r\n

11.1\u00a0 \u00a0Each Party will hold the other Party harmless of any claims, damages, penalties and any costs or fees, of whatever nature incurred by the Party or for which the Party may become liable due to any failure by the other Party or its employees or agents to comply with any of its obligations under this Data Processing Agreement or any Data Protection Legislation.<\/p>\r\n

11.2\u00a0 \u00a0The Controller shall indemnify and keep indemnified the Processor against all costs that relate to the Processor\u2019s assistance to the Controller based on this Data Processing Agreement.<\/p>\r\n

15.13\u00a0 \u00a0 ACCESS TO INFORMATION ON PROCESSING<\/span><\/strong><\/p>\r\n

The Processor shall make available to the Controller all information necessary to demonstrate compliance with the obligations laid down by Data Protection Legislation and this Data Processing Agreement, upon request from the Controller.<\/p>\r\n

15.14\u00a0 \u00a0 CONTACTS<\/span><\/strong><\/p>\r\n

All notifications according to this Data Processing Agreement shall be done in writing via email. B\u00f3kun\u2019s email address is info@bokun.is.<\/p>\r\n

15.15\u00a0 \u00a0 OTHER<\/span><\/strong><\/p>\r\n

This Data Processing Agreement shall prevail over other agreements in relation to the Processor\u2019s processing of Personal Data on behalf of the Controller and other related obligations. Any other provisions of the Agreement shall remain in effect. The Processor confirms that it has the ability and competence to fulfil the obligations set out in this Data Processing Agreement.<\/p>\r\n

REFERRAL PROGRAM TERMS & CONDITIONS<\/strong><\/p>\r\n

16\u00a0 \u00a0 \u00a0 \u00a0 \u00a0REFERRAL PROGRAM TERMS & CONDITIONS<\/strong><\/p>\r\n

16.1\u00a0 \u00a0 \u00a0The terms of the B\u00f3kun Referral Program<\/a> are incorporated into this Agreement by reference.<\/p>","protected":false},"excerpt":{"rendered":"

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