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GENERAL CONTRACTUAL CONDITIONS

 

INDEX

  1. INTRODUCTION

  2. Definitions

  3. DESCRIPTION OF THE TOOL

  4. CONDITIONS OF ACCESS TO THE SERVICE

  5. Subscription modality

  6. Price and payment method

  7. DURATION OF SERVICE AND REASONS FOR TERMINATION

  8. Limitation of service use

  9. Technical support and service availability

  10. Obligations of the parties

  11. LIMITATION OF LIABILITY OF CHECKIN SCAN

  12. Intellectual and industrial property

  13. Confidentiality

  14. SECURITY

  15. Personal data protection

  16. Partial nullity

  17. Subcontracting and assignment

  18. Notifications

  19. MODIFICATION

  20. Commercial references

  21. Legislation and applicable jurisdiction

 

INTRODUCTION

These general contracting conditions (hereinafter, the " general conditions ") regulate the terms of the provision of services by:

  • Check-In Scan, SL,
  • IF: B-93578862 registered in the Demálaga Mercantile Registry, Volume 5673, Folio 180, Book 4580, MA-142322 sheet.
  • Registered office: Boulevard de la Cala, Local 1, La Cala de Mijas, CP 29649, Mijas (Málaga).
  • Telephone: +34 951 82 98 60.
  • Email: info@checkinscan.com ,

(hereinafter “ CHECK-IN SCAN ”) for the CLIENT's use of the software called Check-In Scan , which is offered as Software as a Service (hereinafter, “ SaaS ”). The CLIENT fully accepts these General Terms and Conditions and any applicable Special Terms and Conditions, as well as any modifications that may be made to said content during the provision of services, which will be made available to the CLIENT in advance.

 

  1. Definitions

For the best understanding of these general conditions, the following concepts are detailed below:

Client : Natural or legal person to whom the CHECK-IN Scan . If a natural person accepts these General Terms and Conditions on behalf of a legal person or another natural person, they represent that they have sufficient power of attorney and/or authorization to bind said entity/professional.

Agent : Natural person who has the right to use the service for expressly authorized for it by the client. They will be considered agent, by way of enunciative and non -limiting, employees and collaborators of the client).

CHECK-IN Scan Legal entity that provides Customer Service.

SAAS : In general, software as a service that provides the ability to use a web application exclusively through the Internet.

Service (or SaaS Service) : Marketing of the CHECK-IN Scan as a service, under the terms detailed in these General Conditions, as well as in the Special Conditions that may apply.

General conditions : terms and conditions applicable to the use of the service with a transverse character, regardless of the subscription modality selected by the client for access to the service.

Particular conditions : specific conditions or annexes that are applied within the framework of the use of the service by the client, depending on the subscription modality selected by this.

Subscription modality : Modality of access and use of the service, in which its specific characteristics are identified.

CHECK-IN Scan Account : User environment that provides access to the Check-In Scan (“ Check-In Scan Tool ”) offered through the Check-In Scan (“ Check-In Scan App Check-In Scan Desktop/Laptop Web Platform (“ Check-In Scan Web Platform ”).

Check-In Scan Check-In Scan App: A digital application for mobile devices .

Web Platform Check-In Scan Check-In Scan Web platform for desktops/laptops .

Guest : Natural person who stays at the CLIENT's accommodation, whose data is incorporated into the Digital Regulatory Compliance Tool Check-In Scan .

Traveler's information form: A form that must be completed with the identification details of guests during the check-in process from the minimum age determined by applicable legislation, and which must be sent to the authorities.

Authorized password : User name and authentication code for use by a single user personally and non -transferable.

Token:                                                                      Alfanumric code associated with the email address provided by the client in the registration process, used as authentication mechanisms in access to the platform .

SLA : Service level that Check-In Scan in relation to the Service, based on the Subscription Modality.

PMS: Hotel management system.

Subscription quota : rate or monthly amount that, where appropriate, is obliged to pay the client based on the subscription modality.

Validity period : duration of the service, based on those established in these general conditions, as well as in your case, under the particular conditions that are applicable.

Fraudulent Use : A hypothetical situation in which a Customer makes unfair or deceptive use of the Service. This will be considered potentially unfair or deceptive, for example, when the Customer selects a rate for a single accommodation and subsequently uses the Service for multiple accommodations under the same property in Check-in Scan .

Electronic signature: The electronic equivalent of a handwritten signature, validating agreement with an electronic document through a legally valid signature system.

Confidential Information : All information, documentation or data that any of the parties provides to the other in the development and execution of the service, in the terms provided in these general conditions.

Validity period "

  1. DESCRIPTION OF THE TOOL

The Check-In Scan Tool is a support service that facilitates compliance with the notification, documentation, and registration obligations established by the regulations applicable to tourist accommodations. Through the Check-In Scan App for mobile devices or the Check-In ScanWeb Platform, it allows the following operations to be performed remotely:

  • Register all travelers;
  • Complete the digital "part of hosts" automatically;
  • Scan the MRZ code of the identification documentation of the traveler or travelers;
  • Allow the traveler or travelers the digital signature of the mandatory entrance part on the mobile device or tablet;
  • Prepare a book-registration of travelers.
  • Sending the registration of travelers to the competent authorities.
  • Integration of your PMS, Smartlock or Channel Manager with our service.
  1. CONDITIONS OF ACCESS TO THE SERVICE

As a prerequisite to contracting the service, it is necessary that you accept these general conditions of the contracting, as well as the particular conditions that are applicable depending on the subscription modality you choose.

To use the service, the customer must complete a user profile to register. For this CHECK-IN SCAN will ask the client to facilitate his email address and mobile phone number. Once you provide this data, you will receive an activation link in your email account. As the first step of the activation of your account, you will be asked to enter an alphanumeric key that will be your access key, said access key (personal and non -transferable), once verified and activated, will allow you to complete your user profile and create an individual account in which you can:

  • Select the available services,
  • Register all relevant data of the tourist accommodations that you wish to link to the Check-In Scan App or the Check-In Scan Web Platform and
  • Register, where appropriate, the agents that you authorize to act in your name or in your company.

You can only formalize the process of choice of the subscription plan once, expressly, you accept these general conditions, as well as, when appropriate, the particular conditions associated with the contracted subscription modality. The payment of the subscription plan will be made, where appropriate, in accordance with the particular conditions associated with the selected subscription modality. Once the hiring has been perfected, you can access your user and password and enjoy the services according to the chosen subscription mode.

The CLIENT may register Agents as authorized users to manage the CLIENT's services through the Platform. To do this, once you register as a Client, you can provide the email address of the Agent you wish to grant access to. CHECK-IN SCAN will send a URL associated with the registered email address and an authentication code (Authorized Password) to complete the registration process. If the CLIENT wishes to remove an Agent from the Platform, they can do so from their control panel. The CLIENT acknowledges and accepts that they are solely responsible for the use of the Service by any of their Agents, releasing and holding CHECK-IN SCAN harmless from any damage that these Agents may cause to third parties and agreeing to indemnify CHECK-IN SCAN for any economic or reputational damage that the actions of their Agents may cause.

The client may not grant licenses, sublicencia, sell, resell, transfer, assign, distribute, exploit in other words or make the service available to third parties.

The client will not be able to create "links" with the service on the Internet, "adapt" or "duplicate" any content on any other server or wireless device or internet based; nor use reverse engineering techniques, and access the service in order to create a competitive product or service, create a product using ideas, characteristics, functions or graphics similar to those of the service.

Please note that the Authorized Password is personal and non-transferable, and the CLIENT is responsible for ensuring its safekeeping. Should the CLIENT detect any unauthorized access using their Authorized Password or that of any of their Agents, they must immediately notify CHECK-IN SCAN so that the necessary measures can be taken.

 

  1. Subscription modality

Provided that the indicated requirements are met, the related services will be accessible to the client during the free period of fourteen (14) calendar days:

  1. Digital regulatory compliance application Check-In Scan: Maintenance and administration
  2. Check-In ScanWeb Platform for Digital Regulatory Compliance on Desktops and Laptops: Maintenance and Administration
  3. Generation and use of the QR code for accommodation or room identification.
  4. Use of the control panel.
  5. Generating reports on the use of the CHECK-IN-Scan Tool.
  6. Generation of invoices.
  7. Storage of processed documents in the Check-In Scan Tool (up to 100 GB).
  8. Alerts and Push notifications (in the case of having them activated).
  9. On-line chat tool.
  10. On-line tutorial courses for the use of the application.

Each client will be granted the right to a single free or trial period.

Once the limited and free time period of 14 calendar days is finished, the customer can hire the service in the terms indicated depending on the selected subscription modality.

CHECK-IN SCAN assumes no responsibility whatsoever for the CLIENT's use of the Service during the free period. Therefore, it will not be liable under any circumstances for any direct or indirect damages that the CLIENT may incur due to service interruptions or the use thereof.

Likewise, CHECK-IN SCAN may, at its sole discretion, delete any account during the free period, in the event that it suspects that the Service is being misused in order to unduly extend the non-extendable 14-day free period linked to each Customer.

The payment subscription, in any of its modalities, will be subject to the acceptance by the client of these general conditions and of the particular conditions (annexes) that, if applicable as an application.

 

Where agreed, CHEK-IN SCAN may provide a service integrating the Service with the CLIENT's PMS. Through this bidirectional connection, information is exchanged instantly between CHEK-IN SCAN and the CLIENT, allowing the CLIENT to store all guest information obtained by CHECK-IN SCAN as part of the service provision. If the CLIENT requests integration of the service with its PMS and this process requires the transfer of personal data from CHEK-IN SCAN to the CLIENT's PMS provider, the process will be managed in accordance with the PMS Integration Addendum .

 

 

 

  1. Price and payment method

The price and payment method for Subscription Fees will be specified in the Service Terms and Conditions or through other means provided by CHECK-IN SCAN during the subscription process. Payments must be made in accordance with these Terms and Conditions or the indicated methods and will include all applicable taxes.

Subscription fees may be reviewed at the beginning of any billing period, unless otherwise indicated in particular conditions.

The client consents the transmission by electronic means of each accrued invoice.

Unless in the particular conditions the opposite is expressly indicated, the subscription of the service will be automatically renewed on the expiration date and by the same duration of the period of validity previously hired.

The promotions applied to the subscription fees during the first period of validity of the service will not be applicable in successive renovations, unless it is established in the particular conditions of the service.

In the renovations of the contracted service, the same billing criteria applied during the previous period of validity of the service (monthly/annual) will be applied unless otherwise established in the particular conditions. In case of monthly services of the services, the client may, prior to renewal, request the change to annual billing, in order to benefit from the discounts that are applied at the time to this payment modality. The monthly billing option will only be available in cases where the selected subscription modality allows it.

Before entering into a new contract, renewing a subscription, or expanding or reducing the contracted Services, CHECK-IN SCAN may require the CLIENT to accept these General Terms and Conditions again, and, where applicable, the applicable Special Terms and Conditions. Otherwise, the new Service conditions will be communicated by CHECK-IN SCAN to the CLIENT through the Platform and will be applied automatically once the period established by CHECK-IN SCANhas elapsed, unless otherwise indicated in the Special Terms and Conditions.

Except to the extent prohibited by applicable law, CHECK-IN SCAN may charge late payment interest if the CLIENT fails to pay the agreed price for each payment period established in the Special Conditions. In the event of non-payment within the established billing period, the CLIENT shall pay late payment interest, which will be the lesser of 1% of the unpaid amount or the applicable statutory interest rate. CHECK-IN SCAN may collect amounts due through third parties. CHECK-IN SCAN may suspend or cancel the Service without prior notice if the CLIENT fails to pay the full amount of each agreed Subscription Fee on time.

If at any time we record a refund, reversal of payment, or other rejection of a charge made to your CHECK-IN SCANaccount, this will be considered a breach of your payment obligations hereunder, and your use of Check-In Scan services may be automatically and permanently disabled, without prejudice to any obligations the CLIENT may have.

Your use of the Services will not resume until you pay any outstanding charges in full, including all fees and expenses incurred by CHECK-IN SCAN or any third-party service we have had to use (including processing fees and expenses incurred by the payment processor), which will enable CHECK-IN SCAN to charge twenty euros (€20) for this purpose .

If you have any questions or concerns regarding a payment made to CHECK-IN SCAN, we encourage you to contact our Customer Support team before requesting a payment reversal to avoid cancellation of the Services and the blocking of your User account.

We reserve the right to dispute any paid retraction, including the supply to the corresponding credit card company or financial institution and documentation that prove that the user responsible for such payment setback actually authorized the transaction and made use of the services provided subsequently.

Subscriptions purchased through the iOS application (App Store)

 

  1. Users may subscribe to certain service plans through the application available on the Apple App Store. In these cases, the subscription will be managed entirely through the User's Apple account (Apple ID), in accordance with Apple's terms of service, terms of use, and privacy policies as established by Apple at any given time.

 

  1. Billing, collection, automatic renewal, suspension, and/or cancellation of subscriptions purchased through the App Store are handled exclusively by Apple. Therefore, the User must manage any subscription activation, cancellation, modification, automatic renewal cancellation, and, where applicable, refund requests directly through their Apple/App Store account settings, without prejudice to their rights under applicable law.

 

  1. The price, duration, frequency of automatic renewal and economic conditions applicable to subscriptions contracted through the App Store will be shown to the User at the time of contracting within the Apple environment and may differ from the conditions offered for subscriptions contracted through the web version of the Service.

 

  1. CHECK IN SCAN provides the Service to the User on the same essential terms regardless of whether the subscription has been contracted through the website or the iOS application, although, in the case of subscriptions contracted through the App Store, the User acknowledges and accepts that the relationship relating to payment, billing, renewal, cancellation and refunds is governed by Apple's conditions.

 

  1. In case of discrepancy between the provisions of this document in general for subscriptions contracted through the website and the specific conditions applicable to subscriptions contracted through the App Store, the latter will prevail in all matters relating to the management of payments, renewals, cancellations and refunds of subscriptions contracted on iOS.

 

  1. Service duration and resolution causes
    • Free period:

The free trial period will last a maximum of 14 calendar days. CHECK-IN SCAN does not guarantee continuous service during this free trial period and reserves the right to refuse access requests, as well as to terminate them at any time during this period.

 

  • High in service:

Once the free period of 14 calendar days has been exceeded, the client may select the payment subscription modality that fits their needs, which will have an annual duration extendable for identical periods, unless another specific period is established in the particular conditions.

  • Automatic renewal:

The service will be automatically renewed by annual periods, unless any of the parties communicates to the other the resolution with at least one month before the expiration date of the period of validity of the service.

  • Resolution

CHECK-IN SCAN may cancel or suspend the CLIENT's use of the Service or any part thereof if the CLIENT breaches any of the clauses of these General Terms and Conditions and/or, where applicable, the Special Terms and Conditions. In such cases, CHECK-IN SCAN may interrupt the service with 24 hours' notice, except where such notice would pose a risk to the security, integrity, and/or functionality of the Platform. Cancellation or suspension of the Service due to a breach of contract by the CLIENT will not eliminate the CLIENT's obligation to pay any Subscription fee due for the applicable Term. CHECK-IN SCAN may also suspend or cancel the provision of the Service if the CLIENT has provided false or incorrect information in the Service registration application.

In cases where the CLIENT engages in fraudulent or unfair use of the Service, CHECK-IN SCAN reserves the right to temporarily suspend the Service until the CLIENT's fair use of the Platform is verified, in accordance with these General Terms and Conditions and, where applicable, the Special Conditions. Should CHECK-IN SCAN verify fraudulent use by the CLIENT, exceeding the permitted limit of subscription usage in a fraudulent manner, this will be grounds for termination of the Contract, without prejudice to any outstanding obligations of the CLIENT. Furthermore, CHECK-IN SCAN reserves the right to verify the authenticity of the information provided by the CLIENT regarding the nature and scope of the tourist accommodations associated with the Service, in order to verify the use of the Service in accordance with these General Terms and Conditions and the selected Subscription option.

The client must request the cancellation of the service with at least one month before the end of the period of validity.

The client must contact the customer service, who will send the corresponding low application by email. Once the customer completes and remits the low form that we will make at your disposal, the decrease process will be effective within an approximate period of between 24-48 hours, unless it had hired a modality of the service that implies annual permanence, in which case, the request for low will supply full effects at the end of said annual period.

In the event of termination by either party, the CLIENT acknowledges that, unless expressly stipulated otherwise in the Special Conditions, CHECK-IN SCAN shall have no obligation to continue maintaining the Client's data, regardless of the CLIENT's ability to export the data during the Service's validity period. The CLIENT acknowledges that CHECK-IN SCAN shall have no liability whatsoever for the deletion of the CLIENT's data pursuant to these clauses. CHECK-IN SCAN will provide the necessary technical means for extracting the information during the service provision period, but assumes no obligation to do so in a specific format or one compatible with other CLIENT applications.

 

  1. Limitation of service use

CHECK-IN SCAN may suspend or revoke the CLIENT's (including its Agents') access credentials to the Platform if CHECK-IN SCAN has reasonable grounds to suspect that the CLIENT is using the Services fraudulently or illegally, in which case it will immediately notify the CLIENT of such suspension. The CLIENT will take all appropriate measures necessary to protect the privacy of guests' Personal Data and platform access credentials.

The CLIENT shall be responsible for the consequences of any misuse by an Agent or any third party to whom the CLIENT has improperly provided access credentials to the Service. The CLIENT must keep and safeguard the access credentials to the Services as confidential. The CLIENT assumes responsibility for any failure to safeguard or misuse of the provided credentials, releasing CHECK-IN SCAN from any liability for damages that may arise as a result of the breach of the duty of safekeeping, to the extent that such breach is attributable exclusively to the CLIENT and/or any of its Agents or any third party who has accessed the Service.

We can also temporarily suspend or deny access to any of the contracted products and services, without the need for prior notice, in the following assumptions:

  • When we appreciate reasonable doubts about your identity or an alleged irregularity in the use of services.
  • If the limits established in accordance with the applicable legislation or the rules and uses that we have established at all times are breached, or if it is imposed by the competent authority in compliance with the applicable regulations.
  • When you use it improperly or with purposes other than those provided in these general conditions.
  • When the security of the service in question has been compromised. For the introduction of improvements, we will notify you with a reasonable term.

 

  1. Technical support and service availability

During the free usage period, CHECK-IN SCAN will use commercially reasonable efforts to maintain the availability and functionality of the Service, but will not be liable for interruptions and will not have any obligation to provide maintenance and/or support services to the CLIENT.

Regarding the paid subscription, CHECK-IN SCAN will provide the CLIENT with maintenance and/or technical support services, in accordance with the specifications detailed in the Special Conditions.

It is possible that, depending on the electronic device used, the service functionalities are limited or even restricted for certain uses. We are committed to informing you of all this through the website www.checkinscan.com or through our customer service number +34 951 82 98 60.

CHECK-IN SCAN may add, modify or deactivate specific functionalities of the Check-In ScanTool, guaranteeing at all times compliance with the notification, documentation and registration obligations in the terms detailed in the applicable regulations.

Likewise, and regardless of the type of subscription of the client, CHECK-IN SCAN will not be responsible for guaranteeing the continuity of the service when circumstances of force majeure concur such as, in a merely enunciative way:

  • The lack of coverage, cuts, or service deficiencies that may occur due to problems in the Internet lines that the client maintains with his supplier.
  • The costs derived from new hiring needs to increase the capacity of the Internet service.
  • Damage to customer devices.
  • Failure to comply with its obligations defined in these clauses, if the realization of these obligations has been prevented, interfered or delayed by circumstances attributable to the client.
  • Natural catastrophes, war conflicts, disturbances, epidemics or acts of terrorism

 

  1. Obligations of the parties

The client may only use the service in accordance with the purposes set forth in these general conditions, as well as in the particular conditions that, where appropriate, are applicable. The client expressly assumes the following responsibilities and obligations:

  1. Comply with the applicable legislation, as well as the stipulations indicated in these general conditions and, where appropriate, the particular conditions that are applied.

 

  1. Obtain prior authorization to use the lodge codes for all accommodations you add and use on the platform to make traveler/guest records.

 

  1. Please verify that the accommodation details provided by the police services are correct so that the Platform can electronically process the transmission of guest data, especially the login credentials provided by the police for interacting with their online systems. CHECK-IN SCAN is not responsible for the failure to transmit data due to the login system malfunctioning on the accommodation services website, whether because the login information was entered incorrectly or because the account is blocked for any reason.

 

  1. Keep the identifiers, passwords, codes or other security elements that we have facilitated, using them and guarding them with due diligence, avoiding their knowledge by unauthorized third parties, and ensuring that they are not easily deductible from your personal data or others of easy access, such as your birth date, telephone number, correlative numbers, etc. as well as taking the necessary precautions to avoid your subtraction.

 

  1. Put in our knowledge immediately and without unjustified tars through the telephone number 951 82 98 60, the following circumstances: the loss or possible knowledge by other unauthorized persons, against your will, of the identifiers, codes or any other safety element. the performance of an unauthorized or incorrectly executed operation. Prove ourselves, whenever necessary, those data or documentation that we require for the verification of the correct use of services, and confirm, even in writing, those operations that as a precaution or confirmation measure we need, in order to safeguard the confidentiality and safety of the system, your personal information or that of your agent or your guest, or even for its express confirmation.

 

  1. Immediately notify CHECK-IN SCAN of any security breaches related to the Service or unauthorized access to it that you may become aware of.

 

  1. Do not use the Service in a manner that harms CHECK-IN SCAN, resellers, distributors and/or suppliers (collectively referred to as “ CHECK-IN SCANAssociates” or Partner Network), or other Users.

 

  1. Do not damage, disable, overload or harm the service (or networks connected to it), do not make an abusive use of the service or interfere with the use and enjoyment of the service by third parties.

 

  1. Do not resell or redistribute the Service or any part of it, unless the CLIENT has a contract with CHECK-IN SCAN that allows it.

 

  1. Do not make copies, reveal and/or allow third parties to the contracted software.

 

  1. Do not modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to discover any trade secrets included in the Service, or in other technologies or systems used by CHECK-IN SCAN to provide the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation.

 

  1. Do not create “ties” from the Internet to the service, or replicate or include in a “frame” any content of the service so that it seems that the client offers all the functionality of the service as their own service, located on its servers;

 

For its part, CHECK-IN SCAN must comply with the following obligations:

 

  1. Provide the service in conditions of suitability, functionality and efficiency, in the terms established in these general conditions and, where appropriate, according to the particular conditions that are applicable.

 

  1. Execute all the requests for services that you add within the framework of this contract, provided you facilitate the necessary data for it in a complete and exact way and comply with the rest of the established conditions. When we do not execute an online notification being obliged to it, we will immediately reiterate the execution.

 

  1. Deliver the identifier and the necessary keys so that you can access the products and services included, as well as maintain their safety and confidentiality.

 

  1. Even if we are not responsible for the defective execution of a notification or the execution of an unauthorized notification, we will make the steps that are reasonable to the recipient of the same or before their service provider to find out the status of the notification and try to make it effect.

In order to verify the CLIENT's compliance with the requirements set forth in the Terms of Service, to guarantee security and proper use, and to ensure better performance or adjustment of certain elements thereof, CHECK-IN SCAN reserves the right to monitor the CLIENT's use of the Service.

Responsibility for loss, theft or fraudulent manipulations of your keys or other security elements delivered and by access by not authorized third parties to your personal data or personal data of guests or agents.

 

 

 

  1. Limitation of responsibility of CHECK-IN SCAN

CHECK-IN SCAN will not be in breach of its obligations in the following cases:

  1. When compliance is prevented by causes beyond its control, including, without limitation:
  • Acts outside your will,
  • Customer acts,
  • Third-party actions that are not under the control of CHECK-IN SCAN.
  1. Acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or any other labor disturbance, interruption or delay in transportation, unavailability or interruption or delay in telecommunications or third-party services, virus or hacker attacks, errors in third-party software (including, without limitation, e-commerce software, payment systems, chat, statistics or free scripts), as well as the inability to obtain raw materials, supplies or energy or the equipment necessary for the provision of the Services.
  2. We are not responsible for the submission of incorrect guest data due to improper use of the application. Some identity documents do not contain an issue date and/or date of birth. The first case can be resolved by using the guest's check-in date as the value for the issue date field. In the second case, the traveler must be asked for their date of birth.
  3. We will not be liable for failure to perform our obligations when exceptional and unforeseeable circumstances arise beyond our control, the consequences of which would have been unavoidable despite all efforts to the contrary, or when such circumstances arise from legal obligations. In these cases, we undertake to inform you immediately of the occurrence of these circumstances and their effects on the provision of services, so that you can prevent or at least minimize any damage or loss that may result. Our technical support telephone number is 951 82 98 60, where we will be available to answer your questions and address any issues related to the services, and where we will provide you with all the assistance you need.
  4. Under no circumstances will we be responsible for refunding the amount of payments made incorrectly, when there is fraudulent activity or you have deliberately or through gross negligence failed to comply with your obligations, especially those relating to the confidentiality and safekeeping of your keys and other security elements.
  5. We are not responsible for your regulatory compliance obligations, nor do we provide legal advice. By agreeing to this agreement, you acknowledge that the Check-In Scan Tool is merely a means to facilitate regulatory compliance during the traveler registration process, but you remain solely responsible for implementing the procedures and tools necessary to ensure your operations comply with applicable regulations.
  6. We are not responsible for ensuring that the options specifically configured by the CLIENT comply with applicable legal requirements. The CLIENT assumes full responsibility for the consequences of using the CHECK-IN SCANPlatform in a manner contrary to current regulations.
  7. We are not responsible for the inability to transmit data to law enforcement agencies due to a problem with any of their official websites. If there is a problem with their websites, the Traveler's Information Form data will be held online and transmitted electronically as soon as reasonably possible.
  8. We are not responsible if two customers add the same accommodation, meaning if the accommodation is added twice to the application by different customers. In this case, the numbering of the guest registration form and guest book will not be sequential.
  9. We are not responsible for ensuring that the options specifically configured by the CLIENT comply with applicable legal requirements. The CLIENT assumes full responsibility for the consequences of using the CHECK-IN SCANPlatform in a manner contrary to current regulations.
  10. We make every effort to ensure the accuracy of the scan data; however, scan accuracy may be affected by the following situations, which are not the responsibility of CHEK IN SCAN:
  1. Scan in low luminosity environments.
  2. Scan with devices that do not allow the process to be carried out with the necessary precision.
  3. Scan of non -original documents.
  4. Scan of documents that have the deteriorated MRZ area.
  5. Use of a device with a quality camera less than 2MP. The scan accuracy will always be better on a device with better technical characteristics.
    1. In the case of PMS integration, CHECK-IN SCAN will be responsible for applying appropriate measures to guarantee the security, integrity and confidentiality of the data in the process of transferring information to the CLIENT's systems, but will not be responsible for any incidents that may arise from the CLIENT's failure to apply technical measures in its own systems and that may affect the continuity of the services provided by CHEK-IN SCAN or the personal information processed within the framework of the provision of services.

In the event of a breach attributable to CHECK-IN SCAN, and except to the extent expressly stipulated otherwise in Special Conditions, CHECK-IN SCAN 's liability to the CLIENT shall be limited to the direct damages that may have occurred, with the quantitative limit of the amount that, during the twelve months prior to the filing of the claim, the CLIENT has paid to CHECK-IN SCAN for the Service that gives rise to said liability.

Therefore, the maximum liability of CHECK-IN SCAN, arising out of or related to the creation, licensing, provision, failure to provide, or use of the Service, shall not exceed the fees paid to CHECK-IN SCAN during the twelve-month period preceding the events giving rise to the relevant claim. In no event CHECK-IN SCAN , its subsidiaries or affiliates, its distributors, its licensees, or any of their respective directors, officers, employees, or agents be liable for any special, incidental, or consequential damages (including, without limitation, damages for loss of profits, business interruption, loss of use of data, and any loss caused by the interruption, termination, or failure of the internet, third-party telecommunications services, or third-party security features and systems). The CLIENT shall not commence any lawsuit or action against CHECK-IN SCAN, CHECK-IN SCAN 's distributors, and/or their respective directors, officers, employees, or agents for any reason after one year from the date the cause of action arose.

 

  1. Intellectual and industrial property

The Service, as well as the User Manuals, texts, descriptions, graphics, infographics, videos, audio, or any other material related to or supplementing the Service, have been created by CHECK-IN SCAN, which retains all intellectual property rights, industrial property rights, and any other rights thereto. The CLIENT may not modify, copy, alter, reproduce, adapt, or translate these materials. Consequently, the use of these materials without the express authorization of CHECK-IN SCANis strictly prohibited, including their exploitation, reproduction, dissemination, transformation, distribution, publication, display, or representation, in whole or in part, outside the operational scope intended for the Service. The CLIENT acknowledges that using content that infringes the intellectual and industrial property rights of third parties constitutes a breach of these General Terms and Conditions.

Regardless of the Subscription Modality, by accepting these General Conditions, the ownership of any intellectual, industrial, or other property rights relating to the Service or any other element owned by CHECK-IN SCANwill not be understood as being transferred to the CLIENT, beyond the right to use it under the terms established herein.

According to the above, the client undertakes not:

  1. Infringing the intellectual property rights, industrial rights, or any other rights that CHECK-IN SCAN holds over the Service and any other elements of its respective ownership.
  • Duplicate, reproduce, sell, rent, lease, license, distribute, or in any other way use the service and/or any of its elements for a different use that is expressly authorized in this contract.
  1. Violating the security systems or measures that CHECK-IN SCAN has configured in the Service, or any other type of limitation, is prohibited. This includes, for example, altering or removing any notices relating to intellectual property rights, industrial property rights, or any other rights included in the Service.
  2. Decompilar, modify, reformat, translate, perform reverse engineering work, de -assemblies, or access in any other way that has not been previously authorized to the source code of the services, notwithstanding that the applicable legislation expressly allows these activities expressly allowing these activities regardless of the existence of an opposite pact between the parties.
  3. Divide or fragment service into different parts or modules to use them independently.
  • Register brands, commercial names, or any other associated distinctive sign or that could be associated with the service.
  • Develop inventions of any kind that integrate or require combination with the service.

CHECK-IN SCAN grants the client an non-transferable and non-exclusive license to use the service, only under the terms and conditions indicated in the general conditions, the particular conditions and any other related documentation, either in physical, digital format or in any other support. The use of services will only be allowed to the customer who has access permit.

In the event of collaboration between the CLIENT and a third party, and regardless of the validity of any contractual relationship between the CLIENT and CHECK-IN SCAN, the CLIENT must ensure the protection of CHECK-IN SCAN 's rights against said third party. Any infringement of CHECK-IN SCAN's rights, including unauthorized access to the Service by third parties, may be considered a material breach of these General Terms and Conditions and will entitle CHECK-IN SCAN to exercise all available legal remedies.

 

  1. Confidentiality

All information, documentation or data that any of the parties provides to the other in the development and execution of this contract or during its negotiation will be considered confidential information.

CHECK-IN SCAN agrees not to disclose any Confidential Information to third parties, nor use any Confidential Information for purposes other than internal and related to the CLIENT's use of the Service.

CHECK-IN SCAN may disclose Confidential Information only to its employees and advisors when they need to know the information and provided that such employees and advisors have signed agreements that include restrictions at least as protective as those governing the use of Confidential Information herein. CHECK-IN SCAN 's duty to protect Confidential Information extends beyond this Agreement. Notwithstanding the foregoing, CHECK-IN SCAN may disclose Confidential Information to comply with judicial, administrative, or governmental orders, provided that, where possible, CHECK-IN SCAN gives prior written notice to the CLIENT so that the CLIENT may seek protective measures or protect the information by other means.

Confidential information does not include information that:

(1) It is already in the public domain at the time of dissemination or becomes part of the public domain without this being derived from breach of the terms of this agreement;

(2) CHECK-IN SCAN has been developed independently without using or gaining access to the Confidential Information.

 

 

 

 

  1. SECURITY

The CLIENT acknowledges that CHECK-IN SCAN may require certain technical processing of the information submitted by the CLIENT to the Service in order to comply with network connection requirements or to implement security measures for the environment hosting the information. However, the CLIENT shall be solely responsible for the accuracy, quality, integrity, legality, reliability, suitability, intellectual and industrial property rights, and usage rights of the data submitted to the Service.

Customer data is stored in secure directories that require access authentication. CHECK-IN SCAN uses antivirus protection software on the SaaS system. In cases where the Service is found to have been affected by viruses, worms, or similar threats, CHECK-IN SCAN will make all commercially reasonable efforts to restore the Service as soon as reasonably possible, in accordance with the terms set forth in the Special Conditions.

To enhance data security, the CLIENT is responsible for ensuring that its Users do not share the Service access credentials provided by CHECK-IN SCAN. Should the CLIENT detect any unauthorized access using their Authorized Password, they must immediately notify CHECK-IN SCAN so that the necessary measures can be taken to prevent such unauthorized access. In the event of loss or expiration of the access credentials, only individuals expressly authorized by the CLIENT may request the assignment of new access credentials.

The CLIENT acknowledges that even under professionally accepted security standards, the Service may be subject to cyberattacks, which could affect the security, confidentiality, availability, or integrity of the information. CHECK-IN SCAN will implement appropriate technical and organizational measures to ensure a level of security commensurate with the risk, but will not be liable for information lost or damaged as a result of a malicious third-party attack. CHECK-IN SCAN undertakes to make every effort to control and repair the situation as quickly as possible. The CLIENT must accept all patches, bug fixes, updates, service packs, and maintenance necessary for the proper functioning and security of the Service.

In case of PMS integration, our systems use safe integration methods to allow data communication without compromising safety and confidentiality. The CHECK-IN SCAN integration system guarantees encryption, authentication and minimal privilege policies, so that only authorized parties can access and exchange their data.

The CLIENT acknowledges that, unless expressly stipulated otherwise in Special Conditions, CHECK-IN SCAN will have no obligation to continue maintaining the Client's data, nor to export or return it once the period foreseen after the completion of the Service has ended.

 

 

 

  1. Personal data protection
    • Customer personal data:

CHECK-IN SCAN collects CLIENT identification and contact data to allow the proper management of the Services. The basis that legitimizes the processing is the execution of the relationship between the parties, in the terms provided for in article 6.1.b) of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GDPR).

The data will be kept during the period in which the relationship between the parties is maintained. Once this period has exceeded, the data will be duly blocked during the period of prescription of legal actions and subsequently will proceed to delete the information.

In cases of non-payment, the personal data collected may be disclosed to credit and surety institutions or debt collection agencies with which we may have contracted debt recovery services. This is based on CHEK-IN SCAN's legitimate interest in ensuring the provision of services with full guarantees of compliance with the obligations assumed by the CLIENT. If CHECK-IN SCAN is required to transfer personal data to a third country or an international organization, pursuant to applicable Union or Member State law, it will inform the CLIENT of this legal requirement beforehand, unless such law prohibits it for important reasons of public interest.

Data protection regulations recognize different rights in relation to the processing of your personal data. Next, we inform you about each of these rights and indicate the channels through which you can direct, where appropriate, the corresponding request:

  • Suppression: You will be entitled to the suppression of your personal data when some of the following circumstances attend:
    • that are not necessary in relation to the purposes for which they were initially collected or treated;
    • That you withdraw the consent, provided that the processing of your data is not based on another legal basis that justifies the continuity of the treatment;
    • that you oppose treatment and do not prevail other legitimate reasons to continue treating your data;
    • that the data whose suppression requests have been illicitly treated.
  • Access: You have the right to obtain confirmation on whether or not personal data is being treated or not, as well as access to the following information: the purposes of treatment; the categories of the data that are treated; the recipients or the categories of recipients to which they have communicated or will be communicated; If possible, the planned period of conservation of personal data or, if not possible, the criteria used to determine this period
  • Rectification: You have the right to obtain the rectification of the inaccurate personal data that concerns you. In addition, taking into account the purposes of treatment, you will have the right to complete the personal data that are incomplete, even through an additional statement. To do this, you must indicate in your request to what data you mean and the correction we should make; You will also have to accompany, when necessary, the justification documentation of the inaccuracy or incomplete character of the data subject to the treatment.
  • Limitation: You have the right to obtain the limitation of data processing when any of the following conditions are met:
    • when you have challenged the accuracy of your personal data, for the period that allows CHECK-IN SCAN to verify its accuracy;
    • In the event that you consider that the treatment is illicit, you have opposed to the suppression of personal data and request instead the limitation of its use;
    • that CHECK-IN SCAN no longer needs the personal data for the purposes of processing, but the User needs them for the formulation, exercise or defense of claims;
    • in the event that you have objected to the processing, while it is verified whether the legitimate reasons of CHECK-IN SCAN prevail over yours.
  • DATA PORTABILITY: You have the right to receive the personal data concerning you, which you have provided to CHECK-IN SCAN, in a structured, commonly used, and machine-readable format, and to transmit those data to another controller without hindrance from CHECK-IN SCAN, where the processing is based on consent and is carried out by automated means. When exercising your right to data portability, you have the right to have your personal data transmitted directly from one controller to another, where technically feasible. This right to data portability does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority. The right to data portability does not extend to data that CHECK-IN SCAN has inferred from data derived directly from the use of the services provided.
  • RIGHT TO OBJECT: You have the right to object to the processing of your personal data at any time, including profiling. If you exercise this right, CHECK-IN SCAN will cease processing your personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
  • Automated decisions: The client will have the right not to be the object of a decision based solely on automated treatment including the elaboration of profiles that produce legal effects or that significantly affects similarly.

You can exercise your rights of access, rectification, cancellation, opposition, limitation and portability. To make these rights effective, the signatories may go to the following address:

  1. Postal address; Boulevard de la Cala, Local 1, La Cala de Mijas, CP 29649, Mijas (Málaga), Spain.
  2. Electronic address: info@checkinscan.com

In cases where you consider that during treatment your rights have been violated in data protection, especially when you have not obtained satisfaction in the exercise of their rights, the signatories may file a claim before the competent data protection control authority.

 

14.2. Personal data of guests:

The CLIENT is solely responsible for all documentation, information, or data entered, and must have the necessary authorization and always respect the rights of third parties, avoiding any illicit or illegal conduct. CHECK-IN SCAN will act as the Data Processor with respect to the access and processing of guest data and will be limited to collecting the data.

 

CHECK-IN SCAN requests from the Guest only the data required by applicable regulations during the traveler registration process, acting in all cases on behalf of and for the CLIENT. In this context, identification data, contact information, accommodation details, and transaction information will be collected, as well as the Guest's signature, which will be obtained by signing with their finger or an electronic pen in the touchscreen signature area provided by the application. The identifier, access code, and touchscreen signature provided by the Guest will be considered an electronic signature for all purposes. It will have the same legal validity with respect to the data recorded in the generated electronic documents as a handwritten signature has with respect to data recorded on paper.

 

In relation to the personal identification data of the guest (ID, passport or equivalent identification), the platform will always give the guest option to introduce the number manually. Only in cases where the guest decides to voluntarily decides, and in order to speed up the process, you can request the scan of the document.

 

CHECK-IN SCAN , as the Data Processor, will comply with the instructions detailed below, as well as in the “ Personal Data Access Agreement :

 

  1. You must use the personal data object of treatment, or those that you collect for inclusion, only to allow the use of the service.
  2. It will manage, in writing, of a record of all categories of treatment activities carried out on behalf of the client.
  • It will not communicate the data to third parties, unless it has the express authorization of the client or is required by legal imperative.
  1. It will maintain the duty of secret regarding the personal data to which it could have access by virtue of this commission, even after its object ends.
  2. It will guarantee that the authorized persons to deal with personal data are expressly and in writing, to respect the confidentiality and to fulfill the corresponding security measures, of which they must be conveniently informed.
  3. Will notify in writing without undue delay the violations of the safety of the personal data in your charge of which you have knowledge, together with all the relevant information for the documentation and communication of the incidence
  • If necessary to subcontract any treatment that implies access to personal data, this fact must be communicated previously to the client, indicating the treatments that are intended to subcontract and identify in a clear and unequivocal way the subcontractor company and its contact data.
  • The client must assist in the response to the exercise of the rights of: access, rectification, suppression, opposition, limitation of the processing, portability of data, and the right not to be subject to automated individualized decisions (including the elaboration of profiles).
  1. It must implement the corresponding security measures in accordance with the risk assessment carried out.
  2. Personal data will be made available to the client once the benefit has been completed.

In cases where the CLIENT acts as a Data Processor and processes data on behalf of and for the account of a third party, CHECK-IN SCAN will assume the role of sub-processor. In these cases, the CLIENT will be solely responsible for obtaining prior authorization from the Data Controller to subcontract the services to CHECK-IN SCAN. Additionally, the CLIENT acknowledges that in these cases, CHECK-IN SCAN will fulfill its obligations as sub-processor, provided it complies with the instructions set forth in this Clause, as well as in the “ Personal Data Access Agreement .”

 

 

  1. Partial nullity

The declaration of nullity of one or several stipulations of these conditions by application of a legal or regulatory provision or a firm judicial or administrative resolution will not imply the nullity of the rest of the stipulations, which will retain their validity and full effectiveness.

 

  1. Subcontracting and assignment

CHECK-IN SCAN will provide the Service directly or through third-party collaboration. In particular, CHECK-IN SCAN may subcontract all or part of the Service to specialized companies in the sector, always respecting the provisions of these General Terms and Conditions, as well as any applicable Special Terms and Conditions based on the relevant Subscription Plan. CHECK-IN SCAN may assign its position in this Agreement in the event of commercial transactions that justify it, provided that the assignee assumes the same obligations as CHECK-IN SCAN towards the CLIENT.

 

  1. Notifications

All notifications between CHECK-IN SCAN and the CLIENT must be in writing and preferably sent electronically, with confirmation of transmission. For communications sent by CHECK-IN SCAN to the CLIENT, the contact information provided by the CLIENT during the registration process will be used. In all cases, the CLIENT must provide accurate, truthful, and up-to-date information.

The communication mailbox expressly provided by CHECK-IN SCAN and indicated to the CLIENT will constitute the agreed-upon means of communication for sending and receiving communications and notifications. Through this mailbox, we will inform you of all matters affecting the contracted services; therefore, consultation and access to it are mandatory throughout the term of the Service. Communications and notifications will be considered received from the moment we make them available. The CLIENT agrees to maintain active access to and use of the communication mailbox provided by CHECK-IN SCAN. Should the CLIENT fail to access the communication mailbox or disable access, it will be their sole responsibility, and any communications sent will be considered fully effective.

You can consult these communications as many times as you wish and get a copy of these in durable support. For any questions or request you want to make you can communicate with us through info@checkinscan.com . We are committed to keeping these assistance channels at your disposal

 

  1. MODIFICATION

CHECK-IN SCAN may, at any time, modify these General Terms and Conditions and/or introduce new terms of use, based on technical, operational, economic, service, or market reasons, after notifying the Client in accordance with applicable law. Any modification to these General Terms and Conditions and/or Specific Terms applicable to the Service must be communicated to the affected Clients at least 30 days in advance. If the Client does not agree with the new terms, they may terminate the contract by notifying CHECK-IN SCANbefore the effective date of said modifications, without incurring any financial penalty, and will be obligated to pay any outstanding fees. Otherwise, the CLIENT will be deemed to have accepted the modifications. We will send you the proposed modifications to the terms one (1) month in advance of their implementation date. If the proposal is advantageous to you or if it is a modification due to a change in reference agreed in this contract, we can apply them immediately, without prior notice.

 

  1. Commercial references

CHECK-IN SCAN may use the CLIENT's trademarks, logos, and commercial references/success stories in CHECK-IN SCAN 's advertising and promotional materials, both online (website, blog, social media, etc.) and offline (catalogs, brochures, and other commercial documentation). CHECK-IN SCAN may display or refer to the CLIENT's trademarks in these contexts, provided that their use reflects positively on the CLIENT's image, products, and services.

 

  1. Legislation and applicable jurisdiction

These conditions are subject to Spanish common law. Both parties, expressly renouncing any other jurisdiction that may correspond to them, are submitted to the jurisdiction of the Courts and Courts of Malaga for the resolution of any litigious issue that could be derived from the interpretation, fulfillment or execution of the conditions.

 

 

 

Last modified: November 24, 2025

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