Hotelinking’s Terms & Conditions

1.1 Definitions

• “GuestMaker”: Hotelinking’s Marketing Cloud Captive Portal for Hotel Groups.
• “Wifibot”: Hotelinking’s Proactive Network Guardian for Hotel Networks.
• “Deskforce”: Hotelinking’s Front Desk Automation System for Hotel Groups.
• “Customer”: Any legal entity subscribing to any Hotelinking service, including but not limited to hotel groups, individual hotels, restaurants, shopping centers, and network infrastructure companies (e.g., managed service providers using WiFiBot). All Customers are subject to these Terms regardless of industry.
• “End User”: Guest, visitor, or staff using any of Hotelinking’s services.
• “Data”: All electronic data or information processed by Hotelinking, including Personal Data under GDPR.
• “Services”: The software, support, cloud hosting, API, integrations, and related services provided by Hotelinking.
• Additional definitions may apply (“API,” “Confidential Information,” “Subscription Fee,” etc.).

1.2 Interpretation

• Headings are for convenience and do not influence interpretation.
• References to “person” include individuals and legal entities.
• Plurals include the singular and vice versa.

2.1 These publicly available Terms & Conditions (“Terms”) govern the Customer’s access to and use of Hotelinking’s Services.

2.2 By using any product (GuestMaker, Wifibot, Deskforce), the Customer accepts these Terms in full.

2.3 Only the product modules subscribed to by the Customer apply. If the Customer subscribes only to GuestMaker, other sections concerning Wifibot or Deskforce do not apply.

2.4 Any additional or conflicting terms in purchase orders, invoices, or contracts are superseded by these Terms unless explicitly accepted by Hotelinking in writing.

2.5. Extended Industry Scope: While Hotelinking’s Services are primarily designed for hotel groups and hospitality providers, certain modules (such as WiFiBot) are also suitable for other types of organizations, including restaurants, retail environments, shopping malls, and network service providers. These Terms apply equally to all Customers, regardless of their industry, provided they subscribe to any of Hotelinking’s Services.

3.1 Renewal & Price Changes

• Subscriptions automatically renew annually for the same term unless the Customer provides written notice of non-renewal at least 90 days before the end of the then-current term.
• This 90‑day notice period aligns with enterprise SaaS best practices to provide both parties enough time to evaluate, negotiate, or transition services.
• Pricing may be adjusted each January based on the positive Spanish Consumer Price Index (CPI).

4.1 Account Setup

Upon subscription, Hotelinking sets up the Customer’s account and provides access credentials (user ID and passwords). Additional modules activated as purchased.

4.2 Authorized Users

The Customer assigns named or role-based users with tiered access; full audit logs are maintained.

4.3 Customer Responsibilities

• Maintain the confidentiality of credentials.
• Implement reasonable security measures (e.g., strong passwords, 2FA).
• Notify Hotelinking immediately of any unauthorized access or loss of credentials.

4.4 Hotelinking Rights

Hotelinking may suspend or disable access due to security risks, non-payment, or breaches.

5.1 Customer Responsibilities

• Compliance: The Customer shall comply with all applicable laws and follow Hotelinking’s instructions for correct setup, configuration, and use of the Services.
• Provision of Materials: The Customer must provide accurate brand assets, PMS credentials, and any additional required materials promptly.
• User Access Management: Access must be granted only to authorized users per the Customer’s internal policies. The Customer assumes full responsibility for any misuse, unauthorized access, or resulting damages.
• Account Security: The Customer must ensure credentials are secured (e.g., strong passwords, 2FA) and report any suspected compromise immediately.
• Integration Integrity: Ensure the use of integrations (API, PMS connections) aligns with the documentation and does not exceed stated usage limits.

5.2 Acceptable Use Policy

The Customer agrees not to use the Services for:

• Illegal or abusive activities, including harassment, hate speech, phishing, or infringement of data privacy or intellectual property rights.
• Resource abuse, such as launching DDoS attacks, sending unsolicited bulk communications, or making excessive API calls beyond allotted limits.
• Unauthorized interference with Hotelinking’s systems, including attempts at breaching, scanning, reverse-engineering, or tampering.
• Unauthorized content, including distribution of malware, viruses, hate propaganda, or any content infringing third-party rights.
• Regulatory violations, such as non-compliance with GDPR, anti-spam, or similar data regulations.

5.3 Monitoring & Enforcement

• Hotelinking reserves the right to monitor Customer usage to ensure compliance, maintain service quality, and preserve system integrity.
• Violations may result in:
  • Written warning;
  • Temporary suspension of access;
  • Permanent termination of Services;
  • Reporting to authorities where appropriate.

6.1 Roles: Customer as Data Controller, Hotelinking as Data Processor

• Under GDPR Article 28, the Customer determines the purpose and means of processing personal data; Hotelinking processes data strictly according to the Customer’s documented instructions.
• Hotelinking, as a Data Processor, must implement appropriate technical and organizational measures, keep processing records, and assist the Customer in exercising data subject rights.

6.2 Types of Data Processed & Processing Purposes

Hotelinking may process personal data on behalf of the Customer, including:

• Guest or visitor contact information and demographic details via captive portals;
• Wi‑Fi usage metadata via Wifibot;
• Reservation and stay data via PMS integration;
• Scanned identity documents (AutoCheckin), retained no longer than 48 hours. These data are processed to provide Services (data capture, analytics, email campaigns), enhance user experience, and fulfill contractual obligations, based on the legal bases of contract performance, legitimate interest, or consent.

6.3 Lawful Processing and Data Subject Rights

Processing is lawful, transparent, and limited to the purposes set out herein. Hotelinking will support the Customer in responding to data subject requests (e.g., access, rectification, erasure, portability, objection) per GDPR Chapter III.

6.4 Hosting & International Data Transfers

• All personal data is stored on AWS servers located in Ireland (within the EEA).
• Any transfers outside the EEA (if applicable) are governed by EU-approved mechanisms such as Standard Contractual Clauses (SCCs).

6.5 Security Measures

Hotelinking commits to GDPR Article 32 standards, including encryption of data in transit and at rest, role-based VPN access, strong authentication, daily backups, security monitoring (CloudTrail, GuardDuty, JOOPbox), and regular vulnerability assessments.

6.6 Sub‑Processors

Hotelinking may engage sub‑processors (e.g., AWS infrastructure). Such engagement follows GDPR requirements: the Customer must be informed, and Hotelinking remains fully accountable for compliance by its sub‑processors.

6.7 Data Breach Notification

• In line with GDPR Articles 33–34:
  • Hotelinking, as Processor, will notify the Customer without undue delay upon discovering a breach
  • The Customer, as Controller, then has 72 hours to notify the supervisory authority (e.g., AEPD) if the breach poses risk to data subject rights
• Notification from Hotelinking will include: nature of the breach, affected categories and numbers, DPO contact, likely consequences, and mitigation measures.

6.8 Data Retention & Deletion

• Upon request or contract termination, personal data will be deleted or returned no later than 30 days, unless legally required otherwise.
• Anonymized data may be retained indefinitely for statistical and analytical purposes.

6.9 Audits & Cooperation

Hotelinking maintains records of processing activities and provides access for audits by the Customer or its designated auditor. Hotelinking will assist in Data Protection Impact Assessments (DPIAs) and consult with supervisory authorities when necessary.

7.1 AWS Infrastructure & Compliance

Hotelinking leverages Amazon Web Services (AWS) for its backend infrastructure, including EC2, RDS, S3, CloudFront, DynamoDB, and Timestream. AWS maintains an extensive compliance portfolio — covering GDPR, ISO 27018, PCI-DSS, HIPAA, FIPS, SOC, and more — and undergoes regular third-party audits to validate controls across security standards.

7.2 Encryption & Data Protection

• In-transit encryption: TLS is used for all communications (API, web, mail, wireless).
• At-rest encryption: Managed via AWS services (e.g. RDS, S3), backed by hardware key management and AES-256 encryption.
• Identity documents in AutoCheckin are temporarily stored and auto-deleted from Hotelinking servers after 48 hours.

7.3 Access Control & Identity Management

• Role-based access via VPN-only internal networks, with enforced strong password policies and session timeouts.
• Credentials storage: Environment variables and secure vaults, not embedded in code or public repositories.

7.4 Monitoring, Logging & Auditing

• AWS CloudTrail logs all management activity for real-time monitoring and auditability.
• AWS GuardDuty provides threat detection and anomaly alerts.
• JOOPbox monitors database access and system health 24/7.

7.5 Backup & Business Continuity

• Daily backups, retained for 30 days.
• Monthly full backups, retained for 12 months.
• RDS snapshots, retained for 7 days.
• Regular restore drills ensure data integrity and system resilience.

7.6 Vulnerability Management & Testing

• Periodic penetration tests and vulnerability scans conducted by internal and external teams.
• Patch management handled continuously, with prioritized application of critical security updates.

7.7 Personnel & Training

• Key technical staff are AWS-certified in Security and Cloud Infrastructure.
• All relevant staff receive regular security, privacy, and GDPR-focused training.

7.8 Business Visibility & Controls

These measures ensure alignment with organizational standards and best practices — from secure key management to consistent compliance reporting. They support data integrity, confidentiality, and availability, and provide a defensible posture during audits or incident reviews.

8.1 Definition of Confidential Information

“Confidential Information” refers to all non-public information disclosed by one party to the other—whether written, oral, electronic, or otherwise—including, but not limited to, business plans, financial data, system architectures, trade secrets, software code, customer data, pricing, strategies, and unpublished product features.

8.2 Confidentiality Obligations

• Each party agrees to keep the other’s Confidential Information strictly confidential and to only use it as permitted under these Terms.
• Disclosure is limited to employees, contractors, or affiliates who need access to fulfill contractual obligations and who are bound by confidentiality terms.

8.3 Exceptions

Obligations do not apply to information that:
a) Was already publicly known at disclosure;
b) Became public through no breach by the receiving party;
c) Was legally obtained from a third party without confidentiality requirements;
d) Is independently developed by the receiving party without reference to the disclosing party’s Confidential Information;
e) Is disclosed under a court order or law—provided the receiving party immediately notifies the disclosing party and cooperates to limit the disclosure.

8.4 Duration

• Confidentiality obligations endure during the contract term and survive for five (5) years post-termination or expiration.
• Customer Data, as owner of its data, remains subject to confidentiality and GDPR privacy protections beyond this period.

8.5 Remedies

• Breaches may cause irreparable harm that monetary damages cannot fully address.
• The injured party is entitled to seek injunctive or equitable relief in addition to other remedies.

8.6 Return or Destruction

• Upon contract termination or request, the receiving party shall promptly (within 30 days) return or securely destroy all Confidential Information.
• The returning party will provide written certification of compliance upon request.

9.1 Ownership

• Hotelinking retains all right, title, and interest in and to:
  • The Services, including platform, APIs, software, algorithms, documentation, and related infrastructure (collectively, “Hotelinking IP”);
  • Any improvements, updates, or modifications made during or after the term, even as a result of Customer feedback.
• Customer retains all rights to its own Customer Data, branding assets, and content uploaded to the Services.

9.2 License Grants

• Hotelinking to Customer: A limited, non-exclusive, non-transferable license to access and use Hotelinking IP only as necessary to receive the Services and within the approved scope (e.g., specific hotel locations) .
• Customer to Hotelinking: A non-exclusive, royalty-free license to access and process Customer Data, including trademarks, logos, and PMS-integrated information, solely to fulfill contractual obligations.

9.3 Restrictions

• Customer shall not:
  • Reverse-engineer, decompile, disassemble, or attempt to derive source code or algorithms;
  • Copy, modify, or create derivative works of the Services;
  • Host, sublicense, transfer, distribute, rent, lease, or time-share the Services;
  • Use Hotelinking IP beyond licensed use or outside subscribed products;
  • Remove proprietary notices from any Hotelinking IP.

9.4 Customer Data & Outputs

• Customer retains ownership of Customer Data and any outputs (e.g., campaign templates, reports).
• Hotelinking may aggregate or anonymize data across customers and retain perpetual rights to use such aggregated data for analytics and product improvement—without disclosing individual Customer identities .

9.5 Feedback

• Customer may provide suggestions or feedback, and grants Hotelinking a worldwide, royalty-free, irrevocable license to use, modify, and implement ideas in any form (e.g., functionality, design, UI).

9.6 Third-Party Components

• Hotelinking ensures that all third-party components used in the Services are properly licensed and legal for Customer use.
• To the extent any third-party IP imposes additional terms, Customer agrees to comply with such terms when using the Services.

9.7 Infringement Indemnification

• Hotelinking will defend and indemnify the Customer against third-party claims arguing the Services infringe on their IP rights, provided Customer:
  • Notifies Hotelinking promptly of the claim;
  • Allows Hotelinking sole control of defense and settlement;
  • Gives necessary assistance in defense.
• If use is found infringing, Hotelinking will either (in its discretion):
  • Modify or replace the infringing element to make it non-infringing while maintaining functionality;
  • Obtain a license to continue providing the Services;
  • As a last resort, terminate the infringing part and refund the prorated license fees.

9.8 Survival

• This Section 9, along with confidentiality and liability provisions, survives termination of the Terms.

10.1 Fees & Invoicing

• Setup Fee: One-time payment per location, due upon Customer’s acceptance of the integration proposal.
• Subscription Fees: Annual access fees billed in advance, payable in monthly installments via SEPA direct debit unless agreed otherwise.
• Invoices issued at the beginning of each billing period and payable within 30 days of issuance unless otherwise specified in the Order.

10.2 Late Payment & Suspension

• Overdue payments incur either:
  • A fixed late fee (e.g., €25), or
  • Interest calculated monthly at 1% per month, whichever is lower.
• If payment is not received within 10 days after written notice, Hotelinking may suspend access to Services until full payment is made.

10.3 Disputes & Good Faith Handling

• Customer must notify Hotelinking in writing of any disputed charges before they become due.
• Disputes are resolved in good faith within 30 days; undisputed amounts must still be paid on time.

10.4 Fee Adjustments & Price Escalator

• Subscription fees may be adjusted annually each January based on the Spanish CPI, provided the index is positive. Changes are communicated at least 90 days before the renewal date.

10.5 Billing Commencement

• Billing starts on the Deployment Date—defined as either the date of Customer login or completion of mutually agreed configuration milestones. If milestone-based, billing begins within 90 days of contract signature or upon milestone completion, whichever comes first.

10.6 Taxes & Withholding

• All fees are exclusive of VAT or other applicable taxes, which will be added at the applicable rate.
• Customer is responsible for any withholding taxes unless a valid exemption is provided.

10.7 Refund & Cancellation Policy

• Setup fees are non-refundable under any circumstances.
• Subscription fees are non-refundable, except as required by local consumer laws or for refunds explicitly agreed upon in writing.

11.1 Initial Term

• The agreement begins on the Effective Date and continues for the period specified in the signed Order Form or commercial agreement (typically 12 months), unless terminated earlier in accordance with this section.

11.2 Automatic Renewal

• Unless otherwise agreed in writing, the subscription automatically renews for successive one-year periods unless either party provides written notice of non-renewal at least 90 days before the end of the then-current term.

11.3 Termination for Cause

Either party may terminate the agreement immediately upon written notice if the other party:

a) Commits a material breach and fails to remedy it within 30 days of receiving written notice;
b) Ceases business operations or becomes subject to insolvency, bankruptcy, or liquidation proceedings;
c) Repeatedly fails to meet its payment obligations after notice and suspension.

11.4 Termination for Convenience (Optional Clause)

• The Customer may terminate the agreement without cause by providing 120 days’ prior written notice. Any prepaid fees are non-refundable.
• Hotelinking may also terminate without cause, providing at least 120 days’ prior notice, except in the event of force majeure or legal/regulatory requirement.

11.5 Suspension Instead of Termination

• As an alternative to immediate termination, Hotelinking may temporarily suspend access to Services in case of non-payment or material breach, provided written notice has been given and a reasonable cure period has passed.

11.6 Consequences of Termination

Upon termination or expiration of the agreement:

• All access to the Services shall cease.
• Customer shall immediately pay all outstanding undisputed fees.
• Hotelinking will retain Customer Data for up to 30 days following termination to allow for data export, unless otherwise instructed.

11.7 No Waiver of Other Rights

Termination of this agreement does not waive any rights or remedies either party may have under applicable law or these Terms, nor does it affect any accrued rights or obligations.

12.1 Data Retention Period

• Upon termination or expiration of the agreement, Hotelinking will retain Customer Data in its production environment for a period of 30 calendar days, unless otherwise required by law or regulatory obligations.
• During this period, the Customer may request a one-time data export in a standard, machine-readable format (e.g. CSV, JSON).

12.2 Data Deletion

• After the 30-day retention window, Hotelinking will permanently delete all Customer Data from active systems and backups, except for:
  a) Anonymized or aggregated data that cannot be linked to an identifiable Customer or guest;
  b) Data retained under a legal obligation or required for the resolution of legal claims.

12.3 Data Export Assistance

• Upon written request prior to termination or within the retention window, Hotelinking will provide reasonable assistance to export Customer Data.
• Additional services beyond standard exports (e.g., data format conversion, integrations) may be subject to professional service fees.

12.4 GDPR Compliance

• All post-termination data handling will comply with Articles 17 and 28 of the GDPR (“right to erasure” and processor obligations).
• Hotelinking shall provide written confirmation of data deletion upon request.

12.5 Transition Support (Optional Clause)

• Upon Customer’s request and subject to a separate agreement, Hotelinking may offer transition support to facilitate migration to another provider, including technical documentation, onboarding support for the new provider, and knowledge transfer sessions.

13.1 Hotelinking’s Warranties

Hotelinking represents and warrants that:

a) It has full power and authority to enter into this agreement and perform its obligations.
b) The Services will substantially conform to the specifications and documentation provided to the Customer.
c) The Services are provided in a professional manner consistent with generally accepted industry standards.
d) The Services are designed and operated in compliance with applicable data protection laws, including the GDPR.
e) Reasonable security measures and internal controls are in place to safeguard Customer Data.

13.2 Customer’s Warranties

The Customer represents and warrants that:

a) It has the legal authority to enter into this agreement and use the Services.
b) It will only submit and process data through the Services that it has lawfully obtained and is permitted to use under applicable data protection laws.
c) It has obtained all necessary consents and authorizations from its guests, employees, or any other data subjects to allow Hotelinking to process personal data on its behalf.
d) It will not use the Services in violation of any law, regulation, or contractual obligations, nor to infringe upon third-party rights.

13.3 Limitations

• Hotelinking does not warrant that the Services will be entirely error-free or uninterrupted, but it will use commercially reasonable efforts to correct any material errors reported by the Customer.
• Except for the express warranties above, Hotelinking provides no other warranties, whether express, implied, statutory, or otherwise, and disclaims all implied warranties, including merchantability and fitness for a particular purpose.

14.1 “As-Is” and “As-Available”

Except as expressly provided in Section 13 (Representations & Warranties), the Services are provided strictly “as is” and “as available”. Hotelinking disclaims all warranties and conditions of any kind, whether express, implied, statutory, or otherwise.

14.2 No Implied Warranties

To the maximum extent permitted by law, Hotelinking expressly disclaims any and all implied warranties, including but not limited to:

• Warranties of merchantability;
• Fitness for a particular purpose;
• Non-infringement;
• Accuracy, timeliness, reliability, or availability of results;
• Compatibility with any specific systems or configurations not previously agreed upon in writing.

14.3 No Guarantee of Results

• Hotelinking makes no guarantees as to business outcomes, revenue increases, guest behavior, or any other specific results from the use of the Services.
• Marketing performance (e.g., open rates, conversions) and system improvements (e.g., WiFi quality, check-in speed) may vary depending on Customer implementation, third-party factors, and guest usage behavior.

14.4 Third-Party Platforms

Hotelinking is not responsible for failures, errors, or downtime caused by third-party software or platforms integrated with the Services (e.g., PMS providers, payment gateways, CRM systems), unless explicitly agreed upon in a written service-level agreement.

15.1 Maximum Liability Cap

To the maximum extent permitted by applicable law, each party’s total cumulative liability—whether in contract, tort (including negligence), or otherwise—shall not exceed the total subscription fees paid by the Customer to Hotelinking in the twelve (12) months preceding the event giving rise to the claim.

15.2 Exclusion of Certain Damages

In no event shall either party be liable for any:

• Indirect, incidental, consequential, special, or punitive damages;
• Loss of profits, revenues, savings, business, goodwill, or data;
• Business interruption or system failure;
• Costs of substitute goods or services.
  This exclusion applies even if the party has been advised of the possibility of such damages or if the remedy fails of its essential purpose.

15.3 Carve-Outs to Limitations

The above limitations do not apply to:

a) Breach of confidentiality obligations (Section 8);
b) Customer’s failure to pay due amounts;
c) Either party’s indemnity obligations (Section 17);
d) Violations of intellectual property rights.

15.4 Fair Risk Allocation

Both parties agree that the limitations of liability in this Section are reasonable and form an essential basis of the agreement between the parties.

16.1 Indemnification by Customer

The Customer agrees to indemnify, defend, and hold harmless Hotelinking and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

a) Customer’s use of the Services in violation of these Terms, applicable laws, or third-party rights;
b) Any data or content submitted or processed by Customer or its authorized users, including guest data, that infringes or misuses third-party intellectual property or privacy rights;
c) Customer’s failure to obtain lawful consent or provide required notices under applicable data protection laws.

16.2 Indemnification by Hotelinking

Hotelinking agrees to indemnify, defend, and hold harmless the Customer and its affiliates, officers, directors, employees, and agents from and against any third-party claims alleging that the Services, as provided by Hotelinking and used by Customer in accordance with these Terms, infringe or misappropriate a third party’s valid intellectual property rights—provided that:

a) Customer promptly notifies Hotelinking of the claim in writing;
b) Hotelinking is given sole control over the defense and settlement of the claim;
c) Customer provides all necessary assistance and cooperation.

16.3 Remedies for Infringement

If a third-party infringement claim is made or threatened against the Services, Hotelinking may, at its sole discretion and expense:

a) Modify or replace the allegedly infringing portion of the Services to make it non-infringing;
b) Obtain a license to allow continued use of the Services;
c) If neither is commercially reasonable, terminate the affected Service and refund any prepaid, unused portion of the subscription.

16.4 Exclusions

Hotelinking shall have no obligation to indemnify the Customer to the extent a claim arises from:

• Use of the Services in violation of the Terms or applicable laws;
• Modification of the Services by the Customer or third parties not authorized by Hotelinking;
• Combination of the Services with other systems or tools not provided by Hotelinking, where the claim would not have arisen otherwise.

17.1 Right to Modify

Hotelinking reserves the right to modify, update, or replace these Terms and Conditions from time to time in order to reflect changes in the Services, applicable laws, business practices, or to enhance clarity and transparency.

17.2 Notification of Changes

• All changes will be published on Hotelinking’s official website at the designated legal page.
• Hotelinking will provide Customers with written notice by email at least 30 calendar days in advance of any material changes taking effect.
• The notice will include a summary of the key updates and the effective date.

17.3 Acceptance of Changes

• Continued use of the Services after the effective date of the updated Terms shall be deemed acceptance of the changes.
• If the Customer does not agree to the updated Terms, they may terminate the Agreement by providing written notice prior to the effective date of the changes.
• In such cases, any prepaid and unused fees for the remaining term will be refunded on a prorated basis.

17.4 No Retroactive Changes

No updates to the Terms will apply retroactively to events or obligations arising prior to the effective date of the update.

18.1 Method of Communication

• All formal notices required under these Terms (e.g., termination, legal claims, material changes) shall be made in writing and delivered by email or postal mail to the designated contacts of each party.
• Email shall be considered a valid form of written communication for all contractual purposes.

18.2 Hotelinking Contact Information

Unless otherwise indicated in the Order Form, official communications to Hotelinking must be sent to:

Hotelinking, S.L.
Parc Bit – Edificio Disset, 3rd floor, D9
Palma de Mallorca, España
CIF: ESB57843185
Email: admin@hotelinking.com

18.3 Customer Contact Information

• The Customer is responsible for maintaining accurate and up-to-date contact details, including the primary billing contact and the main contractual/legal point of contact.
• Hotelinking will use the email address associated with the Customer’s account or the one specified in the signed agreement for notifications.

18.4 In‑Product & Automated Notifications

• Operational alerts (e.g., service disruptions, system maintenance, feature deprecations) may also be communicated through in-product messages, notification banners, or dashboard alerts.
• These automated messages form part of Hotelinking’s service communications and may not be opt-outable unless otherwise stated.

19.1 Scope of Integrations

Hotelinking’s Services may include direct or indirect integrations with third-party platforms, systems, or tools required for the proper functioning of each product:

a) GuestMaker – Captive Portal & Marketing Cloud

• Property Management Systems (PMS) for guest verification and data syncing
• CRM and email marketing platforms for audience segmentation and campaign delivery
• Analytics tools for performance tracking and behavioral insights
• Email delivery providers for verified outbound communication

b) Deskforce – Front Desk Automation System

• PMSs for check-in/out validation and reservation data
• Digital payment processors and gateways for credit card authorizations and balance settlement
• ID verification and document capture technologies
• Government systems for compliance with guest registration regulations (when applicable)

c) WiFiBot – Proactive Network Guardian

• Network hardware (e.g., routers, switches, GPON, WiFi Access Points)
• Monitoring and diagnostic protocols (e.g., SNMP, API-based telemetry)
• Notification services (e.g., email, chatbots, alerting platforms)
• Remote support or telemetry hubs for NOC integrations

19.2 Use of Third-Party Components

• Hotelinking may rely on licensed third-party software libraries, APIs, or services to provide or enhance its core functionalities.
• While reasonable efforts are made to maintain compatibility and performance, Hotelinking does not warrant uninterrupted or error-free operation of any third-party system.

19.3 Customer Responsibilities

• The Customer is solely responsible for maintaining valid third-party accounts where required (e.g., payment providers, PMS access, CRM configuration).
• The Customer must ensure that any personal data shared with or through integrations complies with GDPR and any other applicable data protection laws, including securing proper consents where necessary.

19.4 Limitation of Liability

• Hotelinking shall not be held liable for failures, delays, data loss, or operational disruptions caused by:
  a) Third-party providers’ actions, outages, or contractual breaches;
  b) Customer misconfiguration or misuse of third-party tools;
  c) Changes in third-party APIs, services, or licensing terms.

19.5 Integration Lifecycle & Changes

• Hotelinking reserves the right to introduce, modify, or discontinue integrations at any time for technical, security, or strategic reasons.
• When feasible, Hotelinking will provide reasonable prior notice to the Customer of significant changes affecting integrations that are in use.

19.6 Compliance with Third-Party Terms

• Use of third-party services is subject to the applicable terms and conditions of those providers.
• The Customer is responsible for reviewing and complying with such terms when integrations are enabled.

20.1 Compliance with Laws

• Both Hotelinking and the Customer agree to comply with all applicable export control laws and economic sanctions regulations, including those of the European Union, United States, and any other jurisdiction relevant to the Services.

20.2 Geographic Restrictions

• The Services may not be used, exported, re-exported, transferred, or otherwise made available:
  a) Into (or by residents or nationals of) countries or territories subject to comprehensive trade embargoes or sanctions, including but not limited to Cuba, Iran, North Korea, Syria, Crimea, Donetsk, and Luhansk;
  b) To any individual or entity listed on EU or U.S. government sanctions or denied party lists (e.g., the U.S. Treasury Department’s Specially Designated Nationals list, EU Consolidated Financial Sanctions List).

20.3 Customer Responsibility

• The Customer represents and warrants that it:
  a) Is not located in, under the control of, or a national or resident of any prohibited country or territory;
  b) Is not listed on any government-issued list of prohibited or restricted parties;
  c) Will not provide access to the Services to any party who fails to meet the above criteria.

20.4 Continued Compliance

• Hotelinking reserves the right to suspend or terminate access to the Services without liability if the Customer’s use would cause Hotelinking to be in violation of export control or sanctions laws.

21.1 Governing Law

These Terms and any disputes arising from or related to the Services shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles.

21.2 Jurisdiction

The parties expressly agree that any legal action, claim, or proceeding relating to the interpretation, execution, or enforcement of these Terms shall be submitted to the exclusive jurisdiction of the courts of Palma de Mallorca, Illes Balears, Spain.

21.3 Alternative Dispute Resolution (Optional Clause)

• Before initiating legal proceedings, the parties agree to make reasonable efforts to resolve any dispute through amicable negotiations.
• If negotiations fail, the parties may mutually agree to submit the dispute to mediation or arbitration in Palma de Mallorca, following the applicable rules of a recognized Spanish arbitration institution.
• Unless agreed otherwise, any arbitration shall be conducted in Spanish (or English, if both parties consent) and each party shall bear its own costs.

21.4 Mandatory Legal Provisions

• This clause shall not affect any statutory rights granted to the Customer under mandatory consumer protection or data protection laws, where applicable.

22.1 Entire Agreement

These Terms, along with any applicable Order Forms, Data Processing Agreements (DPAs), and written addenda, constitute the entire agreement between the Customer and Hotelinking with respect to the Services, and supersede all prior oral or written understandings, communications, and proposals.

22.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The unenforceable portion shall be interpreted in a manner that best fulfills the original intent of the parties, within the limits of applicable law.

22.3 No Waiver

No failure or delay by either party to enforce any right or remedy under these Terms shall be deemed a waiver of such right or remedy unless expressly stated in writing.

22.4 Assignment

• The Customer may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Hotelinking.
• Hotelinking may assign its rights and obligations freely to an affiliate, successor entity, or as part of a merger, acquisition, or sale of assets, provided the assignee agrees to be bound by these Terms.

22.5 Force Majeure

Hotelinking shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to: acts of God, natural disasters, labor disputes, war, terrorism, governmental actions, power outages, internet service disruptions, or epidemics/pandemics.

22.6 Relationship of the Parties

Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties. Each party acts as an independent contractor.

22.7 Language & Interpretation

These Terms may be published in multiple languages for convenience, but the legally binding version shall be the one published in English, unless otherwise required by local law.

22.8 Headings

Section headings are for reference only and shall not affect the meaning or interpretation of any provision.

If you have any questions, concerns, or requests related to these Terms and Conditions, your contract, data protection rights, or use of the Services, you may contact us using the following details:

Hotelinking, S.L.
Parc Bit – Edificio Disset, 3rd floor, D9
Palma de Mallorca, Illes Balears, España
CIF: ESB57843185
Email: admin@hotelinking.com

For inquiries related to data protection, including GDPR-related requests such as access, rectification, deletion, or portability of personal data, please contact our Data Protection Officer (DPO) at:

Email: dataprotection@hotelinking.com.