1. Legal Notice and General Information
In accordance with the provisions of Law 34/2002, on Information Society Services and Electronic Commerce (LSSI-CE), you are hereby informed that this website is the property of Chekin Soluciones Digitales, S.L. (hereinafter, Chekin), with Tax Identification Number B21579990, domiciled at Avda. República Argentina, 24 – 7º, 41011, Sevilla, and registered in the Companies’ Register of Sevilla, Volume 1096, Folio 167, Page H-23818
You can contact us by email at info@chekin.com or by calling 661206022.
2. Introduction
This page, its content and infrastructure, and the accommodation booking management service that we provide on this page and through this website are owned, managed and administered by Chekin. Throughout the website, as well as in the Chekin App and in any of the products that the company offers (hereinafter when we talk about the website or the Chekin website, we are referring to all the platforms on which Chekin provides its services and all the information contained therein), the terms “we”, “us”, “our” and “our” refer to Chekin. Chekin offers this website, and you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website, and/or purchasing any of our products, you are participating in our “Service” and agree to the following terms and conditions (“Terms of Service”, “Terms”), including all additional terms and conditions and policies referenced in these Terms, as well as policies and conditions available through hyperlinks. These Terms of Service apply to all users of Chekin, including users who are browsers, suppliers, customers, and/or partners, without limitation.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you are agreeing to the Terms of Service. If you do not agree to all of the terms and conditions, you should not access the website or use any of our services.
Any new features or tools added to our product and service offerings are also subject to the Terms of Service. You can review the updated version of the Terms at any time on this page. Chekin reserves the right to update, change or replace any part of the Terms of Service by posting updates and/or changes on our website. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
These terms have been drafted in accordance with the provisions of the current applicable regulations on the Internet, e-commerce and data protection, among others.
3. General Terms and Conditions
You may not use Chekin products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable law. You may not transmit worms, viruses or any code of a destructive nature.
In addition to the above prohibitions, you may not use the website or its content: (a) to solicit others to perform or participate in unlawful acts; (b) to infringe or violate the intellectual property right of Chekin or third parties; (c) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (d) to present false or misleading information; (e) to collect or track personal information from others; (f) to generate spam, phish, pharm, pretext, spider, crawl, or scrape; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of the Service.
We reserve the right to suspend your use of the Service or any related website for violating any of the prohibited use items.
Your breach or violation of any of these Terms will result in the immediate termination of the Services and the exercise of such remedies and legal action as may be necessary.
Chekin reserves the right to refuse to provide the Services to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without Chekin’s written permission.
Headings and titles used in the wording are for convenience only and do not limit or affect these Terms.
4. Accuracy, completeness and timeliness of information
Chekin is not responsible if the information available on this website is not accurate, complete or current. The material on this site is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without first consulting more accurate, complete or timely information.
This website may contain certain historical or past information. Such information is not necessarily current and is provided for reference only. Chekin reserves the right to change the contents of this website at any time, but does not undertake to update the information. You agree that it is your responsibility to review and check our website for changes.
5. Modifications to the Service and Prices
The prices of our products are subject to change without prior notice. Chekin also reserves the right to modify or discontinue the Service (or any part thereof) at any time without notice.
Chekin is not liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6. Products and Services
Certain products or services may be made available solely at Chekin’s discretion. These products or services may be subject to return or exchange in accordance with our “Return Policy”.
All product descriptions or product prices are subject to change at any time and without notice, at Chekin’s sole discretion. Chekin is not responsible for expectations about its products and services generated on this website or through our marketing communications campaigns and does not guarantee that errors in the Service will be corrected. Chekin reserves the right to discontinue any product at any time. Any offer of a product or service made on this website is void where it may contravene the law.
There may be information on the Chekin website or in the content of the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. Chekin reserves the right to correct any such errors, inaccuracies or omissions at any time without notice.
7. Return Policy
Chekin offers its services under a subscription model, in which the customer pays a periodic fee (monthly or yearly) in exchange for the services provided upon payment. By entering their payment details (card number, expiry date and any other information required for the transaction), the customer expressly consents to Chekin making the corresponding charges using the payment method indicated.
In accordance with article 103.m) of the Royal Legislative Decree 1/2007, which approves the Revised Text of the General Law for the Defence of Consumers and Users, and article 16 of the LSSI-CE, in services contracted by subscription, the right of withdrawal does not apply once the service has begun.
It is the customer’s responsibility to review their billing period and the next scheduled charges. If you do not wish to continue with the service, you must cancel your subscription before the renewal date. Otherwise, the charge will be made automatically and no refund will be due, as the Chekin service will remain available until the end of the contracted subscription period.
However, Chekin may evaluate exceptional refund requests in justified and duly accredited cases, such as fraudulent use of the payment method or a serious technical incident attributable to Chekin that prevented the cancellation of the service.
8. Billing Accuracy and Account Information
You agree to provide current, complete and accurate information regarding your account details, billing information, contact details and other information necessary for the proper operation of the Services. You agree to update your payment information (card numbers, expiry date, etc.), so that we can complete your transactions.
9. Optional Tools and Third Party Links to Other Websites
We may provide you with access to third party tools/platforms over which we have no control or input. Chekin does not warrant or assume any liability for any damages or losses incurred as a result of accessing third party services through connections, links or links from the linked sites or for the accuracy or reliability of the linked sites.
The function of the links that appear is exclusively to inform the Client about the existence of other sources of information on the Internet, where he/she can expand the Services offered by the Portal. Chekin shall in no case be responsible for the results obtained through these links or for the consequences arising from access by Clients to them. These third party services are provided by third parties, so Chekin cannot control and does not control the legality of the Services or their quality. Consequently, the Client must exercise extreme caution when evaluating and using the information and services contained in third-party content.
10. Data Protection
In compliance with the General Data Protection Regulation (RGPD) and Organic Law 3/2018, of 5 December, on Personal Data Protection (LOPDGDD), all information or personal data provided by the user will be processed in accordance with the provisions of the Privacy Policy included on this Website.
In this context, Chekin acts as the data processor, while the user, as the owner of the accommodation, assumes the status of data controller.
In order to formalise this relationship, the user and Chekin must enter into a data processing contract that regulates the conditions of data processing. In the absence of a specific contract, the user may accept the generic data processing contract by accepting these Terms and Conditions.
Furthermore, Chekin informs users who own accommodation that they must provide their guests with a privacy policy detailing:
- What personal data is collected.
- For what purpose it will be processed.
- The legal basis for the processing.
- The identification of the user as data controller and of Chekin as data processor.
In the event that the user does not provide a specific privacy policy to its guests, it may choose to consult the Privacy Policy provided by Chekin, which will apply in the absence of its own.
11. Cookies Use
This website uses its own and third-party cookies to optimise your browsing experience and perform statistical analyses of its use. When you access our website, cookies will be installed on your device for technical, analytical and advertising purposes, provided that you have given your consent. You can configure or reject cookies through the configuration panel available on the website. For more information, please see our Cookie Policy
12. Intellectual and Industrial Property
All content, trademarks, logos, drawings, documentation, computer programs or any other element subject to protection by intellectual or industrial property legislation, which are accessible on the Website correspond exclusively to Chekin or their legitimate owners and all rights over them are expressly reserved. The creation of hypertext links to any element of the Website without the authorisation of Chekin is expressly prohibited, provided that they do not lead to a section of the Website which does not require identification or authentication for access, or which is restricted.
In any case, Chekin reserves all rights to the content, information, data and services it holds on the same. Chekin does not grant any licence or authorisation of use to the user of its contents, data or services, other than that expressly detailed in these terms and conditions of use of the website.
13. Limitation of Liability
Subject to the limitations set out in these Terms and to the extent permitted by law, we will only be liable for direct damages actually suffered, paid or incurred by you due to a deficiency attributable to Chekin’s obligations with respect to the services the company provides.
However, to the extent permitted by law, neither Chekin nor any of its directors, employees, representatives, affiliated companies, distributors, licensors, agents or others involved in creating, sponsoring, promoting Chekin and its content shall be liable for (a) untimely interruptions, errors or suspensions, (b) the accuracy and reliability of data, (c) any direct, indirect, incidental or consequential damages of any kind, including, without limitation, loss of revenue, loss of data, replacement costs or any similar damages, whether in tort (including negligence), direct liability or otherwise, arising out of the use of any services or products purchased through the Service, or for any other claim related in any way to the use of the Service or any product, including, without limitation, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or made available through the Service, even if advised of such possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, Chekin’s liability shall be limited to the maximum extent permitted by law.
In the use of the Platform, it is the responsibility of the user (a) to verify the information on the identification of the guest by any means that he/she considers and that is in accordance with current regulations, (b) to verify the correct sending of the information, guest data and travellers’ parties, as well as any other requirement that current legislation demands, (c) comply with the conditions necessary to ensure the accurate reading of the guest ID scan, (d) and comply with any additional requirements in the registration of guests that legislation may establish and that are not included in the services provided by Chekin.
14. Indemnification
You agree to indemnify, defend and/or hold harmless Chekin, its subsidiaries, affiliates, partners, employees, directors, agents, contractors, licensors, service providers and subcontractors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms or the terms and policies incorporated herein by reference, or your violation of any law or the rights of a third-party.
15. Divisibility
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall be deemed severable from these Terms, and such determination shall not affect the validity of the remaining provisions.
16. Applicable law, competent jurisdiction and notifications.
These Terms and any other terms, policies or agreements under which Chekin provides its services shall be governed by and construed in accordance with Spanish law and, following the order of precedence of norms established in Spanish law, in accordance with the autonomous regulations of Andalusia and the local regulations of the city of Seville. All notifications, requirements, requests and other communications that the User wishes to make to Chekin, owner of this Website, must be made in writing and will be understood to have been correctly made when they have been received at the following address info@chekin.com.
17. Contact
Any questions about the Terms of Service should be referred to info@chekin.com
18. Language
The language applicable to these Terms is Spanish. Any version of these Terms in a different language is provided for the convenience of the User and for ease of understanding. However, these Terms shall always be governed by their Spanish version.
In the event of any contradiction between the Terms in any language and their Spanish version, the Spanish version shall prevail.
19. Modification of terms and conditions
Chekin Soluciones Digitales, S.L. reserves the right to modify these Terms and Conditions at any time. In the event of substantial changes affecting the rights of users, they will be notified by email or by a prominent notice on the website. Continued use of the site after the modification of the terms will imply acceptance by the user.
LIABILITY AND COMPLIANCE CLAUSES
1. END-USER RESPONSIBILITY
The end user is solely responsible for ensuring that all data entered on the Chekin platform is accurate, complete and in compliance with all applicable laws and regulations. Chekin is not liable for any penalties or fines resulting from incorrect, incomplete or non-compliant data provided by the user.
2. USE OF ELECTRONIC SIGNATURES
The Chekin platform offers different signature modalities to facilitate the guest registration process. It is the responsibility of the end user to select and use the signature modality that complies with local laws and regulations. Chekin is not responsible for penalties resulting from the use of signatures that are not accepted by the competent authorities.
3. TRANSMISSION OF DATA TO THE AUTHORITIES
Chekin provides tools for the transmission of guest data to the relevant authorities. However, it is the responsibility of the end user to ensure that all data is transmitted accurately and within the time limits required by law. Chekin is not responsible for delays in data transmission resulting in penalties.
4. CONNECTING AND CONFIGURING THE SERVICE
The correct configuration and activation of Chekin’s functionalities, including the connection to law enforcement authorities, is the responsibility of the end-user. Chekin is not responsible for data transmission failures due to incorrect settings or disabled connections by the user.
5. LIMITATION OF CHEKIN’S LIABILITY
Chekin is a process automation tool that facilitates compliance with certain legal obligations. However, Chekin does not provide legal advice nor does it guarantee full compliance with the end user’s legal obligations. It is recommended that users consult with their own legal advisors to ensure that they are in compliance with all applicable laws and regulations.
6. NOTIFICATIONS AND SERVICE CHANGES
Chekin reserves the right to make changes to its services, including signing modalities, without prior notice. It is the end user’s responsibility to review and accept these changes to ensure continued compliance with applicable laws. Chekin is not liable for any penalties resulting from the end user’s failure to review and accept these changes.
7. VALIDATION OF INFORMATION
The end user is responsible for the final validation of all information registered and stored in the Chekin platform. Chekin is not responsible for errors or omissions in the information provided by the user, nor for the veracity of such information.
EXAMPLE OF APPLICATION:
ELECTRONIC SIGNATURE CASE
The end-user must verify that the signature modality used is accepted by the competent authorities. If an electronic signature is rejected by the authorities and results in a sanction, Chekin shall not be liable for such sanction.
CASE OF DATA TRANSMISSION
The user must ensure that guest data is transmitted to the authorities within the legal deadlines. If data is transmitted after the deadline and this results in a penalty, the responsibility lies with the end user, not with Chekin.
These clauses must be clearly included in Chekin’s terms and conditions of use and
accepted by users when registering on the platform. Furthermore, it is advisable to
inform users of the importance of reviewing and understanding these terms and
conditions to avoid future misunderstandings and legal liabilities.