Artaxnet Terms and Conditions

By means of this document, PLUS MARKETING HOTELEIRO, LTDA, a limited liability company, headquartered at Avenida Presindete Vargas, 00590, Room 1717 Centro, Rio de Janeiro, registered with the CNPJ/MF under no. 29.508.004/0001-67 (hereinafter “ARTAXNET”), sole and exclusive owner of the domains www.artaxnet.com, www.artaxnet.com.br, www.artaxnet.net and systems installed on pages of related domains, hereby presents to the Users of the aforementioned Website and its online booking services the legal information necessary for their use.

CHAPTER I – GENERAL PROVISIONS

DEFINITIONS
Below is the definition of the most important terms used in these Terms and Conditions of Use (“Terms”) of the Website www.artaxnet.com, www.artaxnet.com.br, www.artaxnet.net and its services owned by ARTAXNET and electronic communication between the parties:
(i) “Website”: all content made available by Affiliated Hotels at the electronic address www.artaxnet.com, including, but not limited to, information, images, rates, availability, services and products.
(ii) “Affiliated Hotels”: all hotels, inns, hostels, or any other types of accommodation that offer their accommodation services through the ARTAXNET platform.
(iii) “User(s)”: all individuals – over 18 (eighteen) years of age or under 18 (eighteen) years of age with permission and/or assistance from parents and/or legal guardians – who use the website pages to search and make reservations.
(iv) “Personal Information”: all personal information provided and registered on the Website by Users, such as, but not limited to, full name, home or business telephone number, email address and number, expiration date and billing information and payment method.
(v) “Content”: all information available on the Website or accessed through it, such as, but not limited to, written texts, images in general, rates, availability of accommodations and travel services, which the User may access through the Website.
(vi) “Payment Managers”: companies responsible for carrying out all payments made through this Website, that is, for receiving and mediating the amounts corresponding to the transaction carried out by the User through this Website.
(vii) “Online booking services”: services provided by ARTAXNET to make online bookings available on behalf of affiliated hotel establishments to consumers and guests. These services are provided through forms, web pages, telephone contact, email and other formats and may be identified only with the name and brand of the contracting hotel establishment.

INITIAL PROVISIONS

Before using this Website, the User must carefully read all the provisions of these Terms, as well as all the provisions of the Privacy Policy of this Website, which is an integral part of these Terms and Conditions of Use.

Therefore, by accessing and using this Website or related booking services, the User automatically agrees to all the terms, conditions of use and notices without modifying the terms, conditions and notices contained in this Website and at the time of making the booking. The user agrees that ARTAXNET may process their personal data in the manner described in the Privacy Policy and agrees that it will not process the data of any third party with whom it may come into contact through the use of ARTAXNET services, except within the rules of the Privacy Policy.

By becoming a customer of ARTAXNET, you are subject to the terms and conditions of use of ARTAXNET's service provision contract. It defines the obligations of the parties in compliance with the General Data Protection Regulation (“GDPR”) established in the European Union and valid from May 25, 2018. The adoption of the DPA allows the processing of personal data of Europeans by companies outside the European Union.

All reservations made through this Website and the use by ARTAXNET and the Payment Managers of the User's information are subject to the following terms, conditions and notices.

ARTAXNET may change these Terms at any time. When browsing this Website or using the booking services, the User must follow the rules of these Terms, and undertakes to check, on each visit, whether there have been any changes to the rules stipulated herein. Therefore, the use of this Website and related booking services after any changes made to the Website will mean that the User has read and accepted all changes that have occurred.

The User hereby agrees to comply with any legislation in the place where he/she is located, which sets forth rules of conduct and crimes committed within the scope of the internet.

USER REGISTRATION
The User agrees to provide all true, accurate, current and complete Personal Information when registering on the specific form for access to the Website and reservation services, updating it whenever necessary.

Any User who (i.) provides false, incomplete or incorrect information, (ii.) commits fraud, (iii.) fails to comply with any of the conditions of these Terms or applicable legislation or (iv) whose registration is considered improper or inadequate (with a poor reputation and/or a high number of complaints) for the website may be summarily excluded, without any compensation being due to the User.

If any damage is found to have been committed by minors, who are absolutely or relatively incapable, with or without the permission of their parents or legal guardians, the latter will be responsible for all acts committed by the minors, in accordance with the law.

COMMUNICATIONS

When visiting the Website or sending emails to ARTAXNET, the User is communicating electronically. The User agrees to receive communications from ARTAXNET electronically. ARTAXNET will communicate through emails or notifications on its website and platform. The user agrees that any agreements, notifications, terms and other communications satisfy any legal requirement that communications be in writing.

Any comments, materials or letters sent by the USER to ARTAXNET, including but not limited to questions, comments, suggestions, criticisms or the like (“Received Materials”), may be considered by ARTAXNET as non-confidential and free of any claims of ownership or personal rights. ARTAXNET will have no obligation with respect to these Received Materials and will be free to reproduce, use, disclose, display, present, transform, edit, amend, create derivative works and/or distribute the Received Materials without restrictions or limitations.

Furthermore, ARTAXNET is free to use any ideas, concepts, know-how or techniques contained in any communications sent by USERS to it for any reason whatsoever, including but not limited to developing, producing or promoting products using such information or ideas, without any compensation or obligations to anyone, including the USER. The USER agrees that any information received from ARTAXNET relating to its operations, plans, customers, methods, business, finances, procedures and other information that may reasonably be considered confidential shall be considered Confidential and the USER shall not disclose any confidential information to third parties during the term of these Terms, as well as during the period of five years after their expiration.

LIMITATION ON PERSONAL USE

All Content on this Website and consequently the services made available here, as well as the infrastructure used to provide the Content are available only for personal and non-commercial use.

Therefore, the User is prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, making available, licensing or creating derivative works from the Content collected on the Website or ARTAXNET booking service pages, as well as transferring or selling such information, software, products and/or services, under penalty of violating these Terms, the Privacy Policy and applicable legal provisions.

In addition, whether or not with commercial intent, the User agrees not to:

access, monitor or copy any Content from the Website using a robot, spider, scraper or any other automated means, or any manual process, for any purpose, without the express written consent of ARTAXNET;

violate the restrictions of any robot exclusion header on the Website, bypass or overcome other measures applied to prevent or limit access to this Website or related service pages;

take any action that imposes or may impose, in ARTAXNET's opinion, an unreasonable or disproportionately large load on the infrastructure of the ARTAXNET Website and its booking services; and/or

deep-link to any part of the Website (including, without limitation, the purchase path for any travel services) for any purpose, without the express written consent of ARTAXNET.

INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK

All Content of this Website and related service pages, ARTAXNET brands and logos are protected by Law No. 9,279, of May 14, 1996 (Industrial Property Law), by Law No. 9,610, of February 19, 1998 (Copyright Law), as well as by international laws and treaties on industrial property, copyright and competition. Therefore, the violation of any provisions of said Laws will give rise to the respective compensation to ARTAXNET, its Users or third parties, as the case may be, without prejudice to losses and damages, lost profits and damages. attorneys' fees.

Other products, brands, trade names, and logos that appear on the Website are duly registered with the appropriate authorities. Therefore, the use of these products, brands, trade names, and logos is strictly prohibited, unless previously authorized in writing by the respective owner.

Therefore, the User assumes all and any liability, both civil and criminal, for the improper use of the Website Content.

ARTAXNET does not tolerate content that appears to infringe any copyright or other intellectual property rights or that violates these Terms, and responds to all notifications of potential copyright infringements that comply with applicable laws and are duly forwarded to ARTAXNET. Such notifications should be reported to the address below. ARTAXNET reserves the right to delete or deactivate the allegedly infringing content and terminate any relationship with repeat infringers. Our contact information for allegations of copyright infringement is:

Plus Marketing Hoteleiro, LTDA.
Avenida Presindete Vargas, 00590, Room 1717 Centro.
Rio de Janeiro - Brazil

LIABILITY AND WARRANTIES

Any errors in the functioning of this Website or related services arising from operational issues and outsourcing of services will be corrected as soon as possible and, if possible, ARTAXNET will warn Users in advance of any interruptions in the functioning of the Website and services.

Subject to the limitations set forth in these Terms, to the extent permitted by law, ARTAXNET is only liable for direct damages suffered, paid or incurred by the User due to a failure attributable exclusively to ARTAXNET's obligations with respect to its services, up to a total amount of the overall cost of the fees charged by the User, as specified in their confirmation email (whether for an event or for a series of connected events).

On the other hand, ARTAXNET shall not be liable under any circumstances for:

(i) Any errors, veracity, accuracy and completeness of all information provided and made available on this Website by Affiliated Hotels, such as, but not limited to, photographs, information regarding facilities, rates, availability, ratings and other services or products offered by Affiliated Hotels. (ii) ARTAXNET makes no representations about the suitability of the information, software, products and services contained on this Website for any purpose and the inclusion or offer for sale of any products or services on this Website does not constitute any endorsement of the quality, level of service or rating of any Affiliated Hotel by ARTAXNET. All such information, software, products and services are provided as is on this Website, without any kind of warranty. Therefore, ARTAXNET disclaims all warranties and conditions relating to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. (iii) For any personal injury, death, property damage or any other damages, losses or costs borne, incurred or paid by the User, whether due to acts, errors, infringements, negligence, intentional misconduct, omissions, non-compliance, false information, tort or objective extra-contractual liability (total or partial) attributed to the Affiliated Hotel and its employees, administrative directors, agents, representatives or affiliated companies, including any cancellation (partial or total), overbooking, strike, force majeure or any other event beyond the control of ARTAXNET.

(iv) Any damages, losses, harm and/or costs incurred by the User due to the unavailability or malfunction of this Website and related booking services, as well as any damage, harm or loss to the User's equipment or connection caused by system, server or connection failures resulting from third party conduct, including actions by malicious software such as viruses, Trojan horses, etc.

(v) For damage to the User's equipment or connection resulting from accessing, using or browsing the Website or booking service pages, as well as the transfer of data, files, images, texts, audio or videos contained on the Website;

(vi) For any damages caused as a result of crimes of insult, slander, defamation, fraud and others, committed by or against its Users.

(vii) For losses and damages caused by the irregular use of the Content or services provided through the Website and related booking service pages, or by the inappropriate use of resources by the User.

(viii) By acts of third parties who succeed in collecting or using, by any illegal means, the Personal Information registered by the User.

ARTAXNET has no control over Google's cache or any services managed by third parties and if any information is deleted from the Website and booking pages, it may continue to appear on Google and/or other search engines until they update the cache (average period of 1 month).

INDEMNIFICATION

The User shall indemnify ARTAXNET and any of its employees, administrative directors, agents, representatives or affiliated companies in the event of a regressive action for any losses caused to ARTAXNET and any of its employees, administrative directors, agents, representatives or affiliated companies, as a result of actions involving (a) acts of the User or (b) acts of third parties, as a result of (i) breach, by the User, of these Terms and Conditions of Use or the documents referred to herein; (ii) violation of any law or rights of third parties by the User; or (iii) use of this Website by the User, including the effects of article 70, III, of the Code of Civil Procedure.

In addition to the other provisions set forth in these Terms, the USER agrees to defend ARTAXNET against any actual or threatened claim relating to its use of these terms of service, its failure to comply with the conditions of the GDPR and its failure to comply with any provision of these terms. In addition, the USER agrees to indemnify, defend and guarantee the innocence of ARTAXNET in relation to and against: (a) all damages, costs and attorneys' fees finally awarded to ARTAXNET on account of these terms; (b) all related expenses (including reasonable attorneys' fees) incurred by ARTAXNET in relation to the defense of the respective legal proceeding (except if the USER carries out the full defense of the action); and (c) in the event that any claim or proceeding is resolved through an out-of-court settlement, any amounts to be paid to third parties through an agreement made with the USER.

HYPERLINKS TO THIRD PARTY WEBSITES

The presence of hyperlinks on this Website and related booking service pages does not imply any relationship of partnership, partnership or supervision by ARTAXNET with the owners of the websites to which Users are directed when clicking on the hyperlinks and, consequently, does not imply any responsibility by ARTAXNET for the material contained on these websites. Accordingly, ARTAXNET does not control these websites and is not responsible for their content or for the use that the User makes of the Website.

Therefore, it is up to the User to check the privacy policy and origin of the website(s) accessed through hyperlinks contained on this website, and must take all necessary measures to protect themselves from damage, including fraud or online fraud.

In view of the above, ARTAXNET shall not be liable for the understandings and negotiations between the aforementioned websites and the User, and ARTAXNET shall be exempt from any claims or legal actions brought by Users or third parties.

CHAPTER II – MAKING PURCHASES THROUGH THIS WEBSITE AND RELATED BOOKING SERVICES

SCOPE OF THE SERVICE OFFERED BY THIS WEBSITE

Through this Website and its related booking services, ARTAXNET provides an online platform and tools through which Affiliated Hotels offer their accommodations for booking and, in turn, Users may make their bookings.

By making a booking through this Website and related booking services, the User enters into a direct contractual relationship with the Affiliated Hotel for which the booking is made. From the moment the reservation is made, ARTAXNET acts only as an intermediary between the User and the Affiliated Hotel, transmitting the details of the User's reservation to the Affiliated Hotel in question and sending an email to the User confirming the reservation on behalf of the Affiliated Hotel.

When providing our services, the information disclosed by ARTAXNET on the Website is based on information provided by the Affiliated Hotels. Therefore, the Affiliated Hotels have access to a specific tool and, therefore, are fully responsible for updating the information on rates, availability and other details that may be displayed on this Website.

Therefore, each of the Affiliated Hotels will always be responsible for the accuracy, completeness and correctness of all information and images displayed on this Website (including with regard to rates and availability).

RATES

All rates available on this Website and related booking services are the responsibility of the Affiliated Hotels, including any taxes that may be levied on accommodation or fees incurred in processing the booking, unless otherwise stated on the Website, booking page, or in any confirmation email sent to the User.

More economical rates are often available on Website for a specific stay at a specific Affiliated Hotel. However, these rates are established by the Affiliated Hotels and may entail special restrictions and conditions, such as cancellation and refund conditions. We recommend that the User carefully check the description and rate of the accommodation before making a reservation.

The currency converter is for informational purposes only and should not be considered an accurate, real-time tool; conversion rates may vary. The daily rates and packages shown on the Website and related booking services may undergo minor changes upon closing the transaction, due to the exchange rate used by the different payment processors.

The information on rates and availability of accommodations shown on the Website from other search portals (and thus identified), as well as other information about the listed hotel establishments, are the sole responsibility of these portals, and ARTAXNET is not responsible for honoring any offer or commitment made by them.

PRIVACY

Except for information required by law and the disclosure of the User's name, email address and payment details, necessary to complete their reservation at the chosen Affiliate Hotel, ARTAXNET will not disclose Users' personal information to third parties without the User's prior consent. For more information on the privacy of Users' Personal Information, please consult our privacy policy.

CREDIT CARD

The User's credit card details may be necessary to guarantee their reservation. Therefore, the User's credit card details are sent directly to the Payment Manager or stored securely so that they can be processed by the hotel establishment. If the card details are stored on the ARTXNET platform, the hotel establishment will be responsible for the security of this information and its use specifically for the reservation or service contracted.

Before making a reservation on this Website or related reservation services, the User must carefully read and accept all the terms and conditions of the contract of the chosen Payment Managers.

Please note that the User's credit card may be pre-authorized or charged (sometimes without any refund options) for certain rates or special offers after the reservation has been made and confirmed. Please carefully check the description of the accommodation before making your reservation.

In the event of fraud or unauthorized use of the User's credit card by a third party, the User must dispute the transaction charge with the issuing bank and, at the same time, report the incident to the Payment Manager so that the appropriate measures can be taken.

CANCELLATION

When making a reservation at an Affiliate Hotel, the User accepts and agrees to the cancellation and no-show conditions and any additional terms and conditions of the Affiliate Hotel that may apply to their reservation or stay, including with respect to services provided and/or products offered by the Affiliate Hotel. The general cancellation and no-show policy of each Affiliated Hotel is made available on the ARTAXNET Website or booking services pages, on the Affiliated Hotel information pages, during the booking process and in your confirmation email. The User must take into account that certain rates or special offers cannot be cancelled or changed. Therefore, the User must carefully check the accommodation description before making their reservation.

If the User wishes to review, adjust or cancel their reservation, they must read their confirmation email and follow the instructions to do so. Please note that the Affiliated Hotel may charge for cancellation if so described in the cancellation and no-show conditions. We recommend that the User read them carefully before making their reservation.

OTHER EMAILS

Upon completing the reservation, the User agrees to receive an email up to one day before the User's arrival date, with information about their destination. Furthermore, the User may receive emails with relevant changes to their reservation or cancellation emails, including reminder emails if the reservation has not been completed, communications initiated by ARTAXNET or the Affiliated Hotel regarding their reservation, invitations to review the hotel and emails that the User has chosen to receive.

ARTAXNET and the Affiliated Hotels will not send any other notices, emails or correspondence without the express request of the User.

CHAPTER III – GENERAL PROVISIONS

Tolerance of any non-compliance with any of the clauses and conditions of these Terms and Conditions of Use will not constitute novation of the obligations stipulated herein and will not prevent or inhibit the enforceability of the same at any time.

These Terms are governed by the legislation of the Federative Republic of Brazil and their text shall be interpreted in Portuguese.

The Parties elect the Court of the District of Rio de Janeiro to settle any issues arising from these Terms and Use, regardless of any other, however privileged it may be or may become.