Eluleka® · Terms of service

Objectives of this Website / App

The objectives of this Website / App are, solely and exclusively:

Help to the users, to gather information about places they want to visit.
To share opinions, experiences and photographs of travels related matters.
To offer interactive forums to solve doubts about places and trips.
To find the best prices and offers on booking websites ( managed by third parties ).

Conditions to use this Website / App

The terms “we”, “us”, “our” and “Eluleka” refer to Eluleka. The term “you” refers to the customer visiting the Website / App and/or contributing content on this Website / App.

This Website / App is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”). By accessing or using this Website / App in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this Website / App.

We may change or otherwise modify the Agreement in the future, and you understand and agree that your continued access or use of this Website / App after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website / App. Be sure to return to this page periodically to review the most current version of the Agreement.

As a condition of your use of this Website / App, you warrant that:

All information supplied by you on this Website / App is true, accurate, current and complete.
If you have an Eluleka account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
You are 14 years of age or older in order to register for an account and contribute to our Website / App. Eluleka does not knowingly collect the information of anyone under the age of 14. We retain the right at our sole discretion to deny access to anyone to this Website / App and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Prohibited activities

The content and information on this Website / App (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website / App.

Additionally, you agree not to:

Use this Website / App or its contents for any commercial purpose.
Access, monitor or copy any content or information of this Website / App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
Violate the restrictions in any robot exclusion headers on this Website / App or bypass or circumvent other measures employed to prevent or limit access to this Website / App.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of this Website / App for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of this Website / App into any other Website without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Eluleka in connection with the Website / App or the services.

Privacy policy and disclosures

Eluleka believes in protecting your privacy. Please, review our current Privacy policy, which also governs your use of Eluleka, to understand our practices.

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary:

To protect Elulekas's systems, assets, employees, members and customers.
To ensure the integrity and operation of Eluleka's business and systems
To comply with legitimate and enforceable governmental requests, subpoenas or court orders.

We may choose to comply with or disregard such requests or orders in our sole discretion. Eluleka’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of Eluleka’s Privacy policy.

Revies, Comments and Messages

Please be aware that by submitting content to this Website / App by email, postings on this Website / App or otherwise, including any hotel reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Eluleka a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:

Use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose.
Use the name that you submit in connection with such Submission.

You acknowledge that Eluleka may choose to provide attribution of your comments or reviews at our discretion. You further grant Eluleka the right to pursue at law any person or entity that violates your or Eluleka's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

This Website / App may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website / App ("Interactive Areas"). If Eluleka provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website / App any of the following:

Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Eluleka.
Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations
Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
Viruses, corrupted data or other harmful, disruptive or destructive files.
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted.
Content or links to content that, in the sole judgment of Eluleka:
- Violates the previous subsections herein
- Is objectionable.
- Which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website / App.
- Which may expose Eluleka or its users to any harm or liability of any type.

Eluleka takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Eluleka liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Eluleka is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Eluleka has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Eluleka reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website / App at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website / App at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:

You do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto.
You have no objection to the publication, use, modification, deletion and exploitation of the Content by Eluleka or its licensees, successors and assigns.
You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content.
You forever release Eluleka, and its licensees, successors and assigns, from any claims that you could otherwise assert against Eluleka by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Website / App in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website / App.

Booking with third-party suppliers

Eluleka is not a travel agency and does not provide or own transportation services or accommodations. Although Eluleka displays information about properties owned by third-party suppliers and facilitates information for reservations, such actions do not in any way imply, suggest, or constitute Eluleka’s sponsorship or approval of third-party suppliers, or any affiliation between Eluleka and third-party suppliers. Although Eluleka members may rate and review particular properties based on their own experiences, Eluleka does not endorse or recommend the products or services of any third-party suppliers. You agree that Eluleka is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.

If you book a reservation with a third-party supplier, you agree to review and be bound by the supplier’s terms and conditions of purchase and site use (the “Terms of Use”), Privacy Policy, and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. Eluleka will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

This Website / App may link you to supplier sites or other Websites that Eluleka does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

Travel Destinations

When you book international travel reservations with third-party suppliers or plan international trips using this Website / App, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Eluleka accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through en route to his or her destination.

It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Eluleka urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by your Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

By listing information relevant to travel to particular international destinations, Eluleka does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

Liability Disclaimer

Please read this section carefully.

This section limits Eluleka’s liability to you for issues that may arise in connection with your use of this Website / App. If you do not understand the terms in this section or elsewhere in the agreement, please consult a lawyer for clarification before accessing or using this Website / App.

The information, software, products, and services published on this Website / App may include inaccuracies or errors, including reservation availability and pricing errors. Eluleka, do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the hotel, vacation rental properties, air, cruise, car and any other travel products displayed on this Website / App (including, without limitation, the pricing, availability, photographs, list of hotel or vacation rental property amenities, general product descriptions, reviews and ratings, etc.). In addition, Eluleka expressly reserves the right to correct any availability and pricing errors on our Website / App and/or on pending reservations made under an incorrect price.

Eluleka make no representations about the suitability of the information, software, products, and services contained on this Website / App for any purpose, and the inclusion or offering of any products or services on this Website / App does not constitute any endorsement or recommendation of such products or services by Eluleka. All such information, software, products, and services are provided "as is" without warranty of any kind. Eluleka disclaim all warranties and conditions that this Website / App, its servers or any email sent from Eluleka, are free of viruses or other harmful components. Eluleka hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.

The third-party suppliers providing hotel or vacation rental property information, travel or other services on this Website / App are independent contractors and not agents or employees of Eluleka. Eluleka is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Eluleka has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

In no event shall Eluleka (or their officers, directors) be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website / App or with the delay or inability to access, display or use this Website / App (including, but not limited to, your reliance upon reviews and opinions appearing on this Website / App; any computer viruses, information, software, linked sites, products, and services obtained through this Website / App; or otherwise arising out of the access to, display of or use of this Website / App) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Eluleka has been advised of the possibility of such damages.

If Eluleka found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then Eluleka liabilities will in no event exceed, in the aggregate, the greater of:

The transaction fees paid to Eluleka for the transaction(s) on this Website / App giving rise to the claim or
One-Hundred Euros ( 100.00 € ).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Eluleka.

Indemnification

You agree to defend and indemnify Eluleka any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of this Website / App.

Links to third-party sites

This Website / App may contain hyperlinks to websites operated by parties other than Eluleka. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website / App or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on Eluleka to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

Software available on this Website / App

The Eluleka Website / App are controlled and operated by Eluleka from its offices in Barcelone ( Spain ). Those who choose to access the Eluleka websites from outside of Spain do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

Any software that is made available to download from the Eluleka websites ("Software") is the copyrighted work of Eluleka, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website / App not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website / App in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this Website / App, is owned by Eluleka and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. the software is warranted, if at all, only according to the terms of the license agreement.

Copyright and trademark

All contents of this Website / App are: ©2024 Eluleka. All rights reserved. Eluleka is not responsible for content on websites operated by parties other than Eluleka. ELULEKA is a trademark and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eluleka. In addition, the look and feel of this Website / App, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Eluleka and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eluleka. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Website / App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Eluleka.

Jurisdiction and governing law

This Website / App is operated by a Spanish entity and this Agreement is governed by the laws of Spain. You hereby consent to the exclusive jurisdiction and venue of courts in Barcelone, Catalonia, Spain and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website / App. You agree that all claims you may have against Eluleka arising from or relating to this Website / App must be heard and resolved in a court of competent subject matter jurisdiction located in Spain. Use of this Website / App is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

General provisions

You agree that no joint venture, agency, partnership, or employment relationship exists between you and Eluleka as a result of this Agreement or use of this Website / App. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website / App or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website / App within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Eluleka with respect to this Website / App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Eluleka with respect to this Website / App. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website / App are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

© 2024 Eluleka. All rights reserved.