TERMS AND CONDITIONS OF GRUPO HU VIAGENS DE TURISMO S.A.
GRUPO HU VIAGENS DE TURISMO S.A., with the unique number of legal person 12.954.744 / 0001-24, headquartered at Avenida João Cabral de Mello Neto, 400, 7th floor, 22775-057, Barra da Tijuca, Rio de Janeiro, Brazil (hereinafter referred to as "Hurb") provides Hurb, a platform that makes the process of searching and booking hotels even simpler and at more affordable prices (the “Service”).
"User" means the user who accepts these terms and conditions ("Terms and Conditions") and who accesses the Service. Under no circumstances will be permitted the use of the Service or the provision of any personal information by children under 13 (thirteen) years. In the case of being between 13 (thirteen) and 18 (eighteen) years old - or, in relation to the latter, the legal age applicable in your jurisdiction to reach the age of majority - the person responsible for exercising your parental guardianship must authorize the use of the Service before any access to them. Hurb reserves the right at all times to verify by any legally permissible means the authenticity of parental authorization. Hurb may, at any time and unilaterally, refuse, suspend or cancel access to the Service when, at its sole discretion, it understands that parental authorization is not authentic.
In case the User acts in the name and on behalf of an organization, he declares and warrants that he has sufficient powers to represent that company in the subscription of the Terms and Conditions. Hurb reserves the right, at all times, and by any means, to verify the legitimacy of the User's action in the name and on behalf of that organization.
The Terms and Conditions constitute a binding agreement (“Agreement”) between the User and Hurb (as defined below), which governs the User's access to the Service. The Service is accessible through the website hosted at https://www.hurb.com (“website”) or through the download of our Hurb application (“Application”) available in the virtual stores of apple and android for smartphones, tablets or any other smart devices compatible with it. Access via the website or through the application will be jointly referred to as “Platform” and both are governed by the Terms and Conditions, unless expressly stated otherwise Terms and Conditions.
The Terms and Conditions are complemented by the following policies:
- Cookies policy.
BY ACCEPTING THE TERMS, THE USER ACKNOWLEDGES AND DECLARES THAT HE READ, UNDERSTANDED AND AGREES WITHOUT RESERVATIONS WITH THEM, RECOGNIZING THAT HE IS SUBJECT TO ITS COMPLETE COMPLIANCE WITH THE USE OF THE SERVICE. IF YOU DO NOT ACCEPT PART OR ALL OF THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE PLATFORM OR USE THE SERVICE.
The Terms and Conditions may be translated into different languages. In the event of any divergence in the interpretation of the Terms and Conditions as a result of their translations, the English language will prevail, as permitted by applicable law.
- Our goal is to provide a platform that makes the process of searching and booking hotels even simpler and at more affordable prices.
- The Platform acts as an intermediary between its Users and business partners. When using the website to make a reservation, the User contracts directly with our partner (“Partner”).
- The Partner represents any entity with which Hurb contracts accommodation services, such as hotels.
- As a supplier of the Platform, and in its exclusive capacity as an intermediary, Hurb does not own, create, sell, resell, supply, control, manage, offer or, by any other means, make available to the User any products or services other than the Service. Accordingly, Hurb is not, and will never be, responsible for any business, transaction or agreement of any kind that is entered into between the User and a Partner. Whenever the User clicks on a Partner link, he will be immediately redirected to the Partner's page, from which point the Partner's terms and conditions apply exclusively, which may include warnings and limitations of liability, and not these Terms and Conditions. For the exclusion of any doubts, Hurb will not assume any liability, joint or several, objective or subjective, for any action or omission of the business partner in the transaction or agreement that it makes with the User.
- Access to the Service requires an Internet connection. The Service is not available offline. To that extent, the User must bear in mind that usage charges may apply depending on their mobile network operator (mobile data).
- The Application may be periodically subject to updates. To avoid excessive consumption, Hurb suggests that you program your smartphone, tablet or any other smart device compatible with the application to only allow the installation of updates when connected to networks wi-fi or fixed connections. Hurb is not, however, obliged to provide any updates or corrections to the Platform.
- Access to the Platform may require the use of updated browsers and operating systems. Hurb assumes no responsibility for the impossibility of updating your browser or operating system, namely, but not limited to, when your smartphone, tablet or any other smart device compatible is no longer compatible with the latest updates to browsers or operating systems.
- The User must also keep in mind that, for legal or operational reasons, some features of the Service may not be available in all countries where the Platform is available. For more information on the availability of the Service, contact Hurb through the contact area, located in the area reserved for this type of activity.
- The use of the Platform or the Service is not permitted for any illegal aim or purpose, illegitimate or immoral, or for any other scope not provided in the Terms and Conditions. The User is specifically prohibited from, without limiting, using the Service in order to (i) violate the rights of third parties, including privacy rights or intellectual property rights; (ii) publish content of any kind that is obscene, abusive, malicious, defamatory, violent, illegal, discriminatory, racist, sexist, blackmailing or that encourages the practice of illegal behavior or feelings of hatred or rejection (according to what is determined, at all times, at Hurb's sole discretion); (iii) publish content of any kind that does not comply with other Hurb policies and instructions; (iv) introducing viruses or other software malicious that may affect the Platform or the Service that it makes available; or (v) use the website or its content or information for any commercial purpose, also committing itself not to modify, copy, distribute, transmit, present, execute, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software or service obtained through the website.
- Usurpation, counterfeiting, use of usurped or counterfeit content, illegitimate identification and unfair competition are criminally punishable.
- If the Service allows the User to share his opinion or evaluation of a particular partner or service provided by them, the User declares and guarantees that all his opinions and evaluations are genuine and true, and that they always represent his personal experience. Furthermore, it declares that in no case will it receive payments or any other types of incentives or benefits from partners or third parties to disclose its opinion or assessment.
- Hurb reserves the right to block, suspend or remove any Content that it considers, at any time and in its sole discretion, that it does not respect these Terms and Conditions or that in any way violates (or may violate) the rights of third parties or provisions applicable legal requirements.
- At no time does Hurb guarantee a service for backup the Contents, and the User cannot claim any right or responsibility over Hurb in this regard. Hurb may, at its sole discretion, temporarily or permanently delete any Content.
- The Contents of the website, were gathered by Hurb with the required duties of care and diligence.
- However, given the impossibility of full and uninterrupted operation of any telecommunication or computer system, this situation of fragility also includes, due to its complexity, the provision of Services provided by Hurb, including due to the dependence on telecommunications services provided by third parties, Hurb does not guarantee the provision of the service in an uninterrupted manner and/or free from errors, delays, interruptions, omissions or other inaccuracies.
- Likewise, and despite the technical and security measures adopted, Hurb does not guarantee that its files are free from viruses, Worms or Trojan horses that contain or manifest contaminating and/or destructive characteristics of the computer system.
- Hurb is not responsible for the accuracy, completeness and correctness of the information provided by our Partners, who will be responsible for updating rates, fees, prices, availability and other relevant information, displayed on the website.
REGISTRATION AND CREATION OF USER ACCOUNT
In order to access the Service, the User may do so:
- As a Guest User: navigation through the Platform will be allowed, as well as selection and redirection to the website of any partner;
- As a registered User: navigation through the Platform will be allowed, select and be redirected to the website of any partner, access reserved areas and make reservations.
- In order to register and enter as a Registration User, you must fill in the registration form available on the website, completing it with accurate, precise and true information, or by synchronizing with Facebook.
- The User is responsible for the veracity and accuracy of the data provided, undertaking to update them whenever necessary. The User is responsible for any false, incomplete or incorrect statements that it provides and for the losses that they may cause to Hurb or third parties.
- Each registration is personal and non-transferable, except as provided in the Terms and Conditions.
The User registration in no way represents a property of the User in favor of the User. To the maximum extent permitted by law, all rights relating to registration and access permitted by that registration belong exclusively to Hurb.
- After completing the registration, the User will become the holder of an account (“User Account”), which will be accessed through the indicated email address and the defined password.
- The User will be solely responsible for the operations carried out through his User Account, and must ensure its confidentiality.
- The User undertakes to notify Hurb immediately, by sending a communication to the email address email@example.com, whenever he detects the unauthorized use or access or illegal use of his User Account.
- Hurb is not responsible for any damages resulting from the improper use of the defined password and the other data used by the User to access his account.
- Hurb reserves the right to use all valid means to prove the Users' identity, as well as to request additional information, data or documents that may be necessary to confirm the information provided by the User.
- In the event that, after being asked to confirm the data provided, it is found that there are inaccuracies and/or data that do not correspond to the true identification, or that the User refuses to send the requested documents, Hurb may block the Account User, temporarily suspend it or permanently cancel it, without prejudice to the implementation of other measures deemed necessary and timely. If any of the measures mentioned are applied, all purchases made by the User will be automatically canceled, and are therefore not entitled to any indemnity or compensation.
The Platform will include advertisements, promotional and advertising materials from Hurb itself and third parties. Under the legally required terms, all advertising or promotional material will be expressly identified with the word "Advertising".
- These general conditions (“General Conditions”) govern and are an integral part of the service provision contract celebrated through the website, between Hurb and the User who subscribes to the contract (“Client”), and whose object is the provision of reservation services and in enterprises and, in general, in hotel units owned and/or operated by a Partner (“Contract”).
- To book any reservation, the User must access his User Account, under the terms defined in Point 3., filling out the respective form and proceeding to choose the desired hotel, date of check-in and check-out, as well as the insertion of personal data and payment information, taking full responsibility for the choices made and the information provided.
- After confirming the reservation details, a reservation code will be assigned which will consist of the reference to which you must mention whenever you want to obtain any clarification or make any other communication with Hurb. It will also serve to identify the reservation, namely in the description of the booking receipt and in the Contract, after making the payment in the terms defined in Point 5.2..
- Dute to special regimes and rates for children that vary, among other factors, depending on the age, the Partner and the dates of travel, Hurb advises the User to obtain information from the Partner in advance about these details, before making the reservation.
- No refunds are due for reservations and Services that, although made available to the User, the user chooses not to enjoy or use.
PRICES AND PAYMENT METHODS
- The prices provided by Hurb on the website includes the price of the reservation at the hotel or enterprise chosen by the User, plus the amount of VAT (or any other consumption tax) due for the accommodation service, at the legal rate in force in the country where the hotel or enterprise being booked is located, according to the information transmitted by the Partners.
- The available prices also include the amount of the commission due by Users for the intermediation service provided by Hurb, including VAT or similar tax when applicable.
- Hurb must indicate the amount of any other fees applicable under local law, namely, tourist taxes and/or municipal taxes.
- Any prices, fees, rates or additional charges made available or applied by Hurb must be properly discriminated, indicating the service to which they correspond.
- Currently, Hurb only accepts credit cards as a payment method. Hurb undertakes to notify Users of any changes to the available payment method. Hurb does not store data relating to credit cards used for purchases.
- Despite all efforts made by Hurb, some of the Services available on the website may display an incorrect price or may vary according to demand. O Hurb expressly reserves the right to correct any errors relating to prices on the website and/or pending reservations made based on an incorrect price.
- In these cases, and whenever possible, Hurb.com will give you the opportunity to keep your reservation pending the correction of the price, or to cancel the reservation without penalty.
- Payments will be made directly with our Partners, securely, through a third party that processes payments.
- Depending on the choice of a particular hotel, you may be presented with the option of paying online immediately or only later in person at the hotel, upon check-in.
- If the User chooses to pay online, he will be charged immediately in the currency he has selected.
- If the User chooses to proceed with the subsequent payment, in person at the hotel, the cost of the reservation will be charged in the amount in the local currency of the hotel at the time of his stay. Tax rates and exchange rates may vary between the time of booking and the time of stay.
- The User must make his payment card details available when booking, so that the Partner can check:
(i) the validity of the payment card (through a nominal charge that will be refunded within a few days or deducted from the payment final due to the Partner); and
(ii) the availability of funds on the payment card (to be confirmed by the bank issuing the User's credit card).
- The User may join the electronic invoicing provided by Hurb, upon express acceptance of the issuance and receipt of an electronic invoice referring to the commission charged.
- The electronic invoice consists of an invoice issued and received in electronic format, having the same legal value as the invoice issued in paper format.
- If you want to join electronic invoicing, when creating your User Account, the User must expressly declare that he accepts to accept this form of issuing invoices, in which case he should choose the option “Accession and Acceptance of Electronic Billing” indicated for the effect on the website.
- By subscribing to electronic invoicing, the User is accepting the terms and conditions for its provision, considering the accession and acceptance made when exercising the option mentioned above.
- From the date of accession, the User will receive all invoices issued by Hurb through an electronic file in PDF format (Portable Document Format), which will be sent to the electronic address indicated by the User in his User Account.
- If the User expressly subscribes to electronic invoicing, Hurb undertakes to issue and file invoices issued electronically in electronic format, in full compliance with the formalities provided for in Decree-Law no. 28/2019, of 15 of February.
- Hurb is also obliged to guarantee the authenticity of the origin and the integrity of invoices issued electronically, by adopting one of the procedures legally provided for this purpose.
- Hurb undertakes to use a computer program for issuing and receiving electronic invoices that guarantees (i) the chronological validation of the messages issued, (ii) the non-repudiation of the origin and receipt of messages, (iii) the non-duplication of documents issued and received and (iv) mechanisms to verify that, if applicable, the certificate used by the issuer of the document is not revoked, expired or suspended on the respective date of issue.
- In turn, the User undertakes to notify Hurb of any change to his email address, in which case he must change the information indicated in the User Account accordingly. The User must also ensure that his email box meets the necessary conditions for receiving the electronic invoice, keeping space available for that purpose. If necessary, Hurb reserves the right to request confirmation from the User that the user has received the electronic invoices issued and sent.
- The User may, at any time, cancel his subscription to electronic invoicing by sending an email with that indication to firstname.lastname@example.org, in which case Hurb will now send paper invoices to the postal address indicated in the Account User.
- On the other hand, Hurb reserves the right, at any time, to cancel or disable the electronic invoicing mode, namely, if it is not possible to obtain confirmation that the electronic invoice was correctly received by the User.
CHANGE AND / OR CANCELLATION POLICY
- By making a reservation with a Partner, you accept and agree to the relevant cancellation and no-show conditions of that Partner and any additional (provision) terms and conditions of the Partner that may apply to your Trip, including services provided and/or products offered by the Partner.
- A Partner's terms and conditions can be obtained from the Partner in question. The general conditions for cancellation and no-show for each Partner are available on our Platform, on the Partner's information pages, during the booking process and in the confirmation email or ticket (if applicable). Please note that certain rates or special offers cannot be canceled, refunded or changed. Please check the room description carefully before making your reservation.
- In case of cancellation or no-show, the Partner may still charge the city/tourist tax. Please carefully check the (reservation) information for your chosen product or service to consult these conditions before making your reservation. Please also note that a Travel Booking that requires payment of an entry (partial or total) or prepayment may be canceled (without prior notice or notification) as the relevant (remaining) amount cannot be charged in full on the relevant payment date, in accordance with the payment terms attributable to the Partner and the reservation. Cancellation and payment conditions may vary by segment, product or service for each Trip.
- Please read the clauses carefully (below the types of Travel or at the bottom of each Partner page on our Platform) and important information in your booking confirmation for additional conditions that may apply by the Partner. Late payment, invalid bank and credit card details, or insufficient balance are at your own risk and liability and for this reason, you will not be entitled to claim any refund of prepayments (non-refundable), unless the Partner agrees or allow this exception in your (pre) payment and cancellation conditions.
- If you want to review, adjust or cancel your Travel Reservation, please refer to the confirmation email and follow the instructions contained therein. Please note that you may be charged for your cancellation, in accordance with the cancellation conditions, pre-payment and no-show enforced by the Partner; or that you may not be entitled to any refund of prepaid amounts. We recommend that you carefully read the cancellation, pre-payment and no-show conditions of the accommodation provider before making your reservation. Remember that you must make future payments due on time, as required by the reservation in question.
- In case of late arrival or tardiness in the check-in or arrival date on the next day, be sure to inform (in a timely manner) the Partners, so that they know your arrival time and to avoid the cancellation of your Travel Reservation or the charge of a no-show fee. If necessary, our customer service can inform the Partner. Hurb is not responsible for the consequences related to your tardiness nor for any cancellation fees or no-show fees charged by Partner
- With the express exclusion of their Content and what is provided for in Clause 2 above, the User acknowledges that the Service and the Platform are the exclusive property of Hurb (or any affiliated companies), and that they are protected by copyright, intellectual property and applicable trade secret laws. The User acknowledges and agrees, without reservation, that Hurb (or the companies that it indicates) are exclusive and unconditional owners of any rights, titles or interests in the Service, including all intellectual property rights in the world (existing or future, originating or subsequent, and regardless of whether or not they were registered) that arise from or in any way relate to the Service and/or the Platform.
- The Terms and Conditions do not grant the User any ownership rights over the Service or the Platform, but only a license for use that will be revocable at all times by Hurb, under the conditions set forth in the Terms and Conditions. Nothing in the Terms and Conditions may represent any right or authorization in favor of the User to reproduce, copy, imitate, distribute, sell, publish, license or otherwise use the brands, images, trademarks or any other intellectual property of Hurb, in whole or in part, for its own benefit or that of third parties.
- To the maximum extent permitted by applicable law, the User may not copy, modify, create derivative works, perform compilation or reverse engineering or extract source codes from the Platform’s Software, nor may they sell, distribute, redistribute or sublicense the Platform or the Software from the Platform.
- The Platform software may contain software subject to «open source» licenses. When we use such software, and whenever it is relevant for the User to know or accept the terms and conditions of the supplier of that software, Hurb will make the necessary information available in advance and, when applicable, obtain the User's express acceptance.
COMMUNICATIONS WITH THIRD PARTIES
Platform can provide forms of interaction with third parties, either with other users or with partners, namely through chat services, audio and video sharing. The User acknowledges that, under no circumstances, shall he use the Service, and in particular the communication functionalities, to make emergency calls.
- Hurb will always try to guarantee the highest possible reliability and efficiency both for the Platform and the Services associated with it.
- However, to the maximum extent permitted by applicable law, the platform and its services are made available "as is" and "as available" and neither Hurb nor any of its affiliated companies assumes any liability or grants any warranty in relation to to the platform, services, any software or any data or content sent, transmitted or displayed by the platform, including: (a) any statement, warranty or obligation that the platform will have permanent, uninterrupted, secure, error-free, virus-free access; (b) that the platform or software platform will be compatible with your device; (c) that the platform or platform software will be suitable for private or corporate purposes; (d) that the platform corresponds to the expectations that the User may have legitimately created from it. To the maximum extent permitted by applicable law, the user waives any and all declarations, warranties and obligations, explicit or implied, that result from the use of the platform or the service provided by it.
- To the maximum extent permitted by applicable law, our total and joint liability to all of our affiliated companies with respect to all claims in connection with these terms, regardless of the type of damage or injury, arising under any circumstances, will be limited to amount the user has paid for the use of the platform or services with which his complaint is related to, in the last six months immediately prior to the date of his complaint.
- Hurb will not be responsible for the effective fulfillment of the obligations assumed by the Users and is not responsible for the loss, theft, damage or loss of the data used to complete the reservation and the corresponding reservation code generated. The reservation code, as described in Point 3., embodies the element that identifies the purchase, the maintenance of your security being the exclusive responsibility of the User.
- The User acknowledges that the use of the website may not be secure, with the possibility that the information sent or received may be intercepted by unauthorized third parties, Hurb not being responsible for the failures in the security of communications and not assuming any responsibility for the misuse of the information that can be done by unauthorized third parties.
- Hurb will not be responsible for the direct or indirect violation of the Terms and Conditions by the User.
- Hurb also warns the User that the website may contain links to other websites or be accessed through other websites, so it cannot be held responsible for the control of the respective contents, availability, operability or performance.
To the maximum extent permitted by applicable law, in no case will Hurb be responsible, nor any of its affiliated companies, for:
- Any damages or losses caused by: (i) any natural disaster such as floods, earthquakes or epidemics; (ii) any social event such as wars, riots, protests or government actions; (iii) any computer viruses, malware or other damage caused by malware or hackers; (iv) any malfunction or failure of the platform, its software or the service provided by it; (v) improper or unauthorized use of the platform; (vi) use of the platform or service that violates the Terms and Conditions; (vii) any motives that, beyond reason, are beyond our predictability; or (viii) failure to save or backup any data or other content;
- Any loss or damage resulting from content, programs or services made available by third parties, namely, but without limiting, the services of partners;
- Any loss or damage that is not due to foreseeable, indirect, special, consequential, exemplary or punitive damages or losses in relation to the platform or the service provided by it.
Nothing in the Terms and Conditions limits or excludes any of the following responsibilities, except to the extent that such responsibilities may be waived, limited or excluded under the terms of the applicable laws:
- any liability for fraud;
- any liability for negligence that causes death or personal injury;
- any liability for serious negligence or deliberate misconduct; or
- any other liability to the extent that such guilt cannot be waived, limited or excluded under applicable regulations and laws.
- Notwithstanding any other provisions of the Terms and Conditions, nothing in them limits or excludes any mandatory legal right from the applicable jurisdiction (including any rights determined by consumer protection laws), insofar as such legal rights cannot be excluded or eliminated by agreement between the parts.
- The User and his organization (if using the Platform or the Service on behalf of an organization) agree to indemnify Hurb and its affiliated companies for and against any claim, judicial process, action, demand, damage, debt, loss, cost, expense (including litigation costs and attorney fees) and liability resulting from your use of the Platform or the Service in violation of the provisions of the Terms or applicable law, as well as the violation of any third party rights to which Hurb has to respond.
TOTAL AGREEMENT AND ASSIGNMENT OF RIGHTS
- Subject to the regulations and laws applicable in their jurisdiction, and without prejudice to the Partner’s Service which will be governed by their terms and conditions, the Terms and Conditions define the complete agreement between the User and Hurb in the use of the Platform and the Service.
- The User agrees that he will have no claims against Hurb for any statement that is not explicitly defined in the Terms and Conditions. The words "includes" and "inclusive" are interpreted without limitation. The invalidity of any provision of the Terms and Conditions (or parts of any provision) will not affect the validity or enforceability of any other provision (or remaining parts of such provision). If a court decides that no part of the Terms and Conditions as defined can be applied, Hurb may replace them with similar ones, to the extent enforceable by applicable law, without changing the remaining provisions
- Failure to apply or delay the application of any provisions of the Terms and Conditions will not be considered a waiver of any rights under such provisions. Any rights and obligations arising from the Terms and Conditions which, due to their nature should survive, including, among others, obligations in relation to the parties' liability, or indemnities (if applicable) given by the respective parties, will remain in effect after the termination of the Terms and Conditions. Conditions and, in particular, those relating to Hurb's intellectual property rights and business secrets.
- The User may not assign his contractual position under the Terms and Conditions or assign any rights or obligations arising from the Terms, in any way, without our prior written consent. However, Hurb may freely assign its contractual position under the Terms and Conditions or your rights and obligations thereon, in whole or in part, without the User's consent or prior notice. Hurb may freely subcontract any part of the obligation to comply with the Terms and Conditions at any time without the prior consent of the User and without prior notice being required to that effect.
COMMUNICATION & COMPLAINTS
- Hurb will send the necessary notifications and communications under the Terms & Conditions, to the e-mail address or physical address made available by the user in his User Account, being able to appeal to other elements and ways of contacting the user with no harm.
- The user since now accepts this way of communication, and renounces, up to the most allowed by law, to any additional formality on the communication that is received or sent to Hurb.
- Any notifications, communications and complaints that the User believes he should make, should be sent to the email address email@example.com.
- The User may also submit a complaint through the Electronic Complaints Book, which can be accessed through the link found on the lower left corner of the website at firstname.lastname@example.org.
- The User acknowledges and accepts that our Partners are solely responsible and assume all responsibilities and obligations regarding the reservation made. As such, any complaints regarding the reservation made must be addressed to the Partner.
TERMINATION OF REGISTRATION AND USE OF THE PLATFORM
- The User may, at any time and for whatever reason, request Hurb to cancel his registration on the Platform, using one of the contacts provided in the Terms and Conditions. The request must always be made in writing, and no verbal requests for termination are admitted or considered.
- Upon a request for termination, Hurb will make every effort to fulfill that request within a period not exceeding 15 (fifteen) days.
- In turn, Hurb may, at any time, terminate your registration or, by any other means, prevent your access as a registered User or invited to the Platform if:
- If Hurb justifiably suspect that the User has violated these Terms and Conditions or has not complied with applicable laws;
- It is necessary to carry out maintenance actions on the Platform;
- It is necessary for reasons of security and integrity of the Platform or the System;
- Hurb has detected a duplication of User registration;
- The User does not use the Platform for more than 12 (twelve) months;
- The use of the Platform or Service creates a risk to Hurb or other users of the Platform, poses a threat by potential third party claims against Hurb or is potentially damaging to the reputation of the Hurb;
- To the extent permitted by law, for any other reason and in Hurb's sole and absolute discretion.
- Whenever possible, Hurb will notify the User of the termination of its access to the Platform in advance and in writing.
APPLICABLE LAW AND JURISDICTION
- To the maximum extent permitted by applicable law, the Terms and Conditions will be interpreted in accordance with Portuguese law. If the User is acting as a consumer and the mandatory provisions relating to consumer protection in his country of origin are more beneficial to the user, those provisions will apply, regardless of the choice of Portuguese law.
- As a consumer, the User can initiate any legal proceedings related to the Terms and Conditions before the competent court in his area of residence or the competent court at the headquarters of Hurb. If Hurb wishes to invoke any of its rights against the User qualified as a consumer, it can only do so in the courts of the jurisdiction of the User's residence. If you are acting on behalf and representation of an organization, the User agrees to submit to the exclusive jurisdiction of the [Portuguese] courts.
ALTERNATIVE DISPUTE RESOLUTION
- In case of dispute, the User may also resort to an Alternative Resolution Entity for Consumer Disputes.
- In accordance with the applicable legislation in the field of consumer protection, the HU Viagens e Turismo, SA Group is subject to the necessary arbitration or mediation in the context of consumer conflicts up to € 5,000.00 (five thousand euros) when, at the express option of the client, to be submitted to the arbitral tribunal appraised to legally authorized consumer dispute arbitration centers.
- Currently the following Consumer Dispute Resolution entities exist in Portugal:
- Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (CNIACC); (National Center for Consumer Conflict Information and Arbitration)
- Centro de Arbitragem de Conflitos de Consumo do Distrito de Coimbra (CACCDC); (Arbitration Center for Consumer Conflicts of the District of Coimbra)
- Centro de Arbitragem de Conflitos de Consumo de Lisboa (CACCL); (Lisbon Consumer Conflict Arbitration Center)
- Centro de Arbitragem da Universidade Autónoma de Lisboa (CAUAL); (Arbitration Center of the Autonomous University of Lisbon)
- Centro de Arbitragem de Conflitos de Consumo da Região Autónoma da Madeira (CACCRAM); (Arbitration Center for Consumer Conflicts of the Autonomous Region of Madeira)
- Centro de Informação e Arbitragem do Porto (CICAP) (Porto Consumption and Arbitration Information Center);
- Centro de Informação e Arbitragem do Vale do Ave (TRIAVE); (Vale do Ave Consumption and Arbitration Information Center)
- Centro de Informação e Arbitragem do Vale do Cávado (CIAB); (Information Center, Mediation and Consumer Arbitration Valley Cávado)
- Centro de Informação, Mediação e Arbitragem do Algarve (CIMAAL). (Algarve Consumer Conflict Information, Mediation and Arbitration Center)
- In case of violation of the present Terms and Conditions, Hurb reserves its right to any legal action deemed necessary. Hurb reserves equally the right to, at their discretion, declare termination of the access and use of the website, proceeding with the cancellation or deactivation of the user’s account.
- In case any disposition described in the Terms and Conditions is considered illegal, null, or for any motive unexecutable, said disposition will be eliminated or reduced under lawful terms, not affecting the validity and executability of the remainder of the dispositions.