1. For these terms and conditions of use, “ Sites ” is understood to be all websites operated by GUIAJANDO, such as:
2. Notwithstanding the following number, Guiajando, unipessoal, Lda owns and operates the sites. ( below GUIAJANDO ), a limited liability company registered under Portuguese Law, under registration and VAT number 514244321 and based in Avenida Fernão De Magalhães no. 1257, 5th Esq 4350-169, Porto, Portugal.
3. GUIAJANDO owns the following sites:
3.1. www.newyorkando.com, www.santiagoando.com:
3.1.1. Andrea Hoare Madrid, no. prosecutor: 8407537-K ( Chile )
3.2.1. Ricardo Ramírez Gisbert, no. prosecutor: 47964276F ( Spain )
3.3. www.viajandoAMontreal.com, www.vertoronto.com, www.verbuenosaires.com, www.viajandoalima.com, www.visitarmiami.net:
3.3.1. Bernardo Artigas, no. prosecutor: 9003-6350 ( Canada )
3.3.2. Ariannis Morales, no. prosecutor: 9003-6348 ( Canada )
4. You can contact GUIAJANDO by email at [email protected]
By using the Sites, you accept the following terms and conditions in full. If you do not agree with the terms and conditions or any of its parts, you should not use the Sites.
These terms and conditions are available in English and Spanish.
These terms and conditions can be altered, applying this alteration from the date of its publication. If you have accepted these terms, you will be asked for new consent. If you do not agree with the revised terms, you should stop using the Sites.
If a court or other competent authority determines that any provision of these terms and conditions is illegal or not enforceable, the other provisions will continue.
Use of Sites
1. You can only use the Sites for personal and private purposes.
2. Except as expressly permitted by these terms and conditions, you must not:
2.1. Edit or modify any content on the Sites;
2.2. Replace material from the Sites for commercial purposes ( including replication on another website );
2.3. Sell, rent or sub-license material from our website;
2.4. Show any material from the Sites in public, unless it is visible at all times that its source is GUIDE;
2.5. Exploit material from the Sites for commercial purposes;
3. As long as it is not for commercial purposes, you can redistribute the material from the Sites or display it publicly, as long as you keep it unchanged and present it to GUIAJANDO as its source.
4. In the case mentioned in the previous point, you must inform the recipients of the material that is subject to these terms.
5. We reserve the right to restrict access to part or all of the Sites at our discretion; not having to force or attempt to evade any measure of
Access restriction on the Sites.
6. You should not:
6.1. Use the Sites in any way, or take any measure, that causes, or may cause, damage or impair the development, availability or accessibility thereof;
6.2. Use the Sites in any way that is illegal, fraudulent or harmful or in connection with any illegal, fraudulent or harmful purpose or activity;
6.3. Carry out any systematic or automated data collection activities related to our website without our express written consent;
6.4. Use the data collected from the Sites for any direct marketing activity ( including, among others, email marketing, SMS, telemarketing and direct mail ).
7. If you are aware of any broken links on the Sites, including one that leads to illegal material or activity or that fails to comply with these terms and conditions, please inform us via the following email: [email protected]
Suppliers and other third parties
1. The Sites include provider offers through which you can request information or purchase services.
2. GUIAJANDO may supply the information that you provide in the terms provided in point 6.1., To the third parties mentioned
3. You acknowledge that GUIAJANDO:
3.1. It is not part of any contract for the sale or purchase of goods or services concluded between you and a supplier;
3.2. Does not verify, audit, monitor or control suppliers or their identity, creditworthiness, the security of the providers' websites or the accuracy of the information published by the suppliers;
3.3. Does not verify, audit or monitor the information provided by the suppliers, which is the provider's sole responsibility. Consequently, GUIAJANDO will not be liable to you for any loss or damage arising from any use of a provider's website, any information provided by a provider, any offer made by a supplier or any contract with a supplier.
4. The above point will be applicable even if GUIAJANDO obtains a fee for each order provided to a supplier.
5. On the Sites, hyperlinks to other websites, which belong to and are operated by third parties, do not mean that they are recommendations or endorsements by GUIAJANDO.
6. GUIAJANDO has no control over third-party websites and their contents and has no responsibility for them or for any loss or damage that may result from their use.
7. GUIAJANDO is not responsible for the execution of any obligation arising from a contract between you and any provider or with another third party, and you will not have an obligation to mediate the conflict that exists or arises between the parties to said contract.
8. Without prejudice to the following clauses, this clause does not affect the rules regarding the limitation and exclusion of liability.
1. Given the quantity and complexity of the content, as well as the practical impossibility of constantly checking it, GUIAJANDO does not guarantee:
1.1. The integrity or accuracy of the information published on the Sites
1.2. That the information and all the content of the Sites is updated; or
1.3. That the website or any service on the website will continue to be available.
2. Therefore, you should verify the information provided on the Sites directly from the provider, such as tour operators, tour attraction operators, hotels and transport companies.
3. GUIAJANDO does not assume, under any circumstances, the legal duty to give information, particularly for article 485.0, no1, of the Portuguese Civil Code ( civil liability for advice, recommendations or information ).
4. GUIAJANDO reserves the right not to continue or modify any or all of the Sites, any or all of its services, and stop publishing them at any time at our sole discretion and without prior notice or explanation; and, except in cases expressly stipulated otherwise in these terms and conditions, you will not be entitled to any compensation or other payment at the time of interruption or alteration of any of the services of Sites.
Limitations, exclusions of liability and compensation
1. To the greatest extent permitted by applicable Law and subject to the following paragraph, GUIAJANDO excludes all responsibilities and guarantees related to the object of these terms and conditions and the Sites.
2. Nothing in these terms and conditions will limit or exclude any liability in any way permitted by Portuguese Law.
3. The limitations and exclusions of liability established in this Section and other terms and conditions govern all the responsibilities derived from these terms and conditions or related to the object of these terms and conditions, including responsibilities derived from the contract, to the detriment ( including negligence ) and for breach of legal obligations, except to the extent expressly stipulated in these terms and conditions.
4. GUIAJANDO will not be responsible regarding:
4.1. Any loss arising from any event or beyond our reasonable control;
4.2. Any commercial loss, including, but not limited to, loss of profits, income, use, production, anticipated savings, business, contracts, or business opportunities;
4.3. Any loss or damage of any data, database or software;
4.4. Any loss or special, indirect or consequential damage.
5. You agree that we have an interest in limiting the personal responsibility of our managers and employees, and, taking into account that interest, you acknowledge that GUIAJANDO is a limited liability entity.
6. You agree not to file any personal claim against our managers and/or employees regarding any loss and/or damage you suffer about the Sites or in these terms and conditions.
7. You will hereby indemnify us and agree to keep us compensated for all losses, damages, costs, responsibilities and expenses, including, among others, the legal expenses and amounts paid by us to a third party for the resolution of a claim or dispute – incurred or suffered by us and that arise directly or indirectly from its use of the Sites or any breach by them of any provision of these terms and conditions.
Breaches of these terms and conditions
1. Without prejudice to the other rights of GUIAJANDO by these terms and conditions or to the Law, if you violate these terms and conditions in any way, Or if we reasonably suspect that you have violated these terms and conditions in any way, we may:
1.1. Send you one or more formal warnings;
1.2. Temporarily or permanently suspend your access to the Sites, in which case, you must not take any action to evade said suspension;
1.3. Initiate legal actions against you for breach of contract or any other cause.
1. GUIDE and our licensors own and control all copyright and other intellectual property rights on the Sites. All copyrights and other intellectual property rights on the Sites are reserved.
2. GUIAJANDO, AMSTERDAMDO, BILBAOANDO, BARCELONANDO, BERLINANDO, VERYBUENOSAIRES, LONDONANDO, LISBOANDO, MADRIDANDO, VISITARMIAMI.NET, VIAJANDOAMONTREAL.COM, NEWCIAORKANDO, OPOR, registered and unregistered, are trademarks belonging to Guiajando.
3. We do not permit using any trademark or other right that may violate our rights.
4. Registered and unregistered trademarks of third parties on our sites are the property of their respective owners, and unless otherwise indicated, we do not endorse them. We are not associated with any of the holders of such rights, and as such, we cannot grant any license to exercise such rights.
Contractual position transfer
1. You now agree that GUIDE may assign, transfer, subcontract, or treat rights and obligations under these terms and conditions.
2. Without our prior written consent, you may not assign, transfer, subcontract, or otherwise treat any of your rights or obligations created and/or derived from these terms and conditions.
Law and jurisdiction
1. Portuguese Law will govern these terms and conditions.
2. Any dispute related to these terms and conditions or the use of the Sites will be subject to the exclusive jurisdiction of the courts of Porto, Portugal.