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Condiciones generales Staragent
GENERAL CONDITIONS
I.- INTRODUCTION
The purpose of this document is to inform you about the general contracting conditions to which the access and use of the StarAgents portal is subject. The StarAgents Program (hereinafter, the "Program") is aimed at all agents active in the sale of tourism products duly registered in the Program, in order to facilitate their work, giving them detailed information about Iberostar hotels and, through a system of exchange of points for stays in such hotels, allowing them to personally know the facilities, so that they can better advise their customers.
Through the StarAgents web page (www.StarAgents.com) you will have information about the Program, and you will be able to manage the points that have been attributed to you in the management of reservations through the Program.
The use of this website, as well as the affiliation to the StarAgents program, implies full acceptance of the "legal notice, privacy policy and terms of use" accessible on this website, and of the General Conditions of the Program in its latest version. Therefore, we advise you to read the general conditions applicable each time you access our website before making your reservation, since the StarAgents portal reserves the right to change, modify, add or delete, in whole or in part, at any time, the General Conditions.
Notwithstanding the foregoing, the agent also accepts as a valid means of communication for the purposes of this contract the electronic mail to its attention.
These General Terms and Conditions constitute the content of the contract entered into between the user and the company IBEROSTAR HOTELES Y APARTAMENTOS S.L. by participating in the Program and signing the corresponding registration form. The aforementioned form may be validly completed in Spanish, English, French or German.
The relationship regulated herein between the user and IBEROSTAR HOTELES Y APARTAMENTOS S.L. is limited solely and exclusively to the registration and participation in the Program. Thus the contracting of accommodation and complementary services through the redemption of points or with StarAgents price, on the occasion of the travel agent's participation in the Program, constitutes a separate and distinct contractual relationship. This relationship will be understood to be established with the entity identified during the booking process, which may vary depending on the selected hotel.
Consequently, IBEROSTAR HOTELES Y APARTAMENTOS S.L. shall not assume any liability for any damages, losses and expenses arising, directly or indirectly, from the contracting and enjoyment by the agent, in the manner regulated herein, of the accommodation and complementary services, through the redemption of points or with StarAgents price.
II.- LEGAL REGIME
These General Conditions are subject, when applicable, to the provisions of Law 7/1998, of April 13, 1998 on General Contracting Conditions, RDL (“Real Decreto Ley”) 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, Directive 97/7/EEC, of 20 May 1997, applicable to contracts developed through the Internet between consumer and supplier, and in any case, to the Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights and the regulations that develop it and Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce and all applicable tourism regulations and, subsidiarily, the Spanish Civil Code and the Spanish Commercial Code.
III. RULES OF USE FOR THE STARAGENTS PROGRAM
1.- Registration procedure and conditions for the Program
1.1. All agents active in the sale of tourism products may apply to be registered in the Program. Travel agency managers can apply for their agency to be registered in the Program through the StarAgents webpage (www.StarAgents.com).
After approving the request, a StarAgents code and password will be sent to the agency manager. Each of the agents named by the agency manager will receive a link through which he/she can apply to register on the Portal following the instructions provided. The agency manager must authorize the registration of each agent in his/her travel agency.
1.2. User participation is free and starts at the time of receiving the StarAgents code and password. Each registered user is assigned a StarAgents account. The use of the StarAgents account and StarAgents code is personal and non-transferable, except in the cases contemplated in clause 5 of these General Terms and Conditions.
Each agent is responsible for the use and custody of the StarAgents code assigned to him/her. Each agent may have only one StarAgents account.
1.3. The agency manager assumes responsibility for keeping the registrations and cancellations of agents in his/her office up to date within the Program, and to notify the Portal, as soon as possible, of any changes or cancellations made by agents, as well as any changes in the contact details of the agency itself.
1.4. Travel agent users of the Program accept and give full consent to the prerogatives reserved for the agency manager with regard to the account and StarAgents Points assigned.
Agents participating in the StarAgents program are subject in all cases to the rules and instructions that the person in charge of their agency establishes or arranges with respect to the use of the StarAgents program, and neither IBEROSTAR HOTELES Y APARTAMENTOS S.L. nor any other entity involved in the management of the StarAgents program shall be held responsible for any disputes or conflicts that the application of such rules and instructions may generate.
1.5. Only agents and travel agencies that have obtained and maintain valid licenses and permits to act as travel agencies in accordance with the laws and regulations of their respective countries may register in the Program.
1.6. The transfer of StarAgents Points between agents is only permitted if it has been established in the policies of the applicable agency and if the agency manager has given prior express approval to the ability to transfer StarAgents Points between agents.
2.- How to obtain StarAgents Points
2.1. StarAgents points are assignable to the agent only for bookings that the agent has personally generated and processed for his or her clients. StarAgents points do not apply to modifications or changes to existing bookings or to automated or semi-automated bookings where there has been no promotion and selling by the agent. The StarAgents portal reserves the right to refuse points that the agent intends to assign in contravention of the regulations contained in these General Terms and Conditions.
2.3. The StarAgents Points redeemable by agents for stays in Iberostar hotels are generated on the date the guest checks in, and are acquired by the agent as “confirmed StarAgents Points” when the guest checks out. Changes are applied, where appropriate, regarding StarAgents Points generated on the check-in date that are affected by any changes during the guest's stay. The StarAgents Points acquired are then added to the account of the travel agent who made the booking, and are available for his/her use provided such StarAgents Points have not been used and have not expired.
2.4. Agents may consult the registered bookings that have not checked-in under the “Point forecast” section of the StarAgents webpage (www.StarAgents.com). These interim StarAgents Points are not redeemable for stays by an agent until such StarAgents Points have been “confirmed” and added to the agent's point account.
3. How to Redeem StarAgents Points
3.1. Agents can redeem earned StarAgents Points, which have not yet expired or been used, for hotel stays, via the Portal.
3.1.1. An agent can benefit from special StarAgents member prices if the acquired StarAgents Points are not enough for the intended stay, paying the difference in cash.
3.1.2. Only StarAgents Points which have been credited to the account of the agent as confirmed StarAgents Points are redeemable.
3.1.3. Stays in Iberostar establishments using StarAgents Points and StarAgents prices are subject to availability of those rooms allocated by Iberostar to this Program. It is only possible to make a reservation, using StarAgents point redemption and/or the special price, of for one double room per Program member per period, which may be increased to two rooms (subject to availability) only in the case of the account holder having children under 18 years old. Overlapping reservations using StarAgents Points and / or StarAgents special price are not allowed.
The rooms assigned to this program will be solely and exclusively for the person in charge of the agency as well as for the agents who have a valid work contract with the travel agency.
The transfer of stays to other persons is excluded. The entity with which the accommodation and ancillary services have been contracted, as well as its contracted personnel, are entitled to verify the agent's identity by requesting the presentation of the appropriate identity documents and any document proving the beneficiary's employment relationship with the agency participating in the StarAgents program. If the StarAgents system is found to have been misused, the company with which the accommodation and ancillary services have been contracted shall be entitled to invoice the traveler the difference up to the total price corresponding to the flexible rate published on Iberostar.com (which is made to customers who are not part of the program) and/or proceed to cancel the reservation made.
3.1.4. An agent may decide how many nights of the reserved total he/she wants to pay through exchanging StarAgents Points, and how many he/she wants to pay in legal tender. A percentage of one night cannot be paid for by exchanging StarAgents Points.
3.1.5. The StarAgents Program team may modify the reservations made by agents redeeming StarAgents Points and/or using StarAgents prices. In the event that the entity with which the lodging and complementary services have been contracted modifies or cancels the confirmed hotel reservation for reasons of occupancy, it will propose an equivalent offer. Staragents reserve the right to cancel the reservation without obligation to offer an equivalent alternative in the event of the closing of the hotel and having no other Iberostar hotel open for the same dates in the same destination.
3.1.6. Point redemptions will always be allocated to the oldest StarAgents Points and will be used at the time of reservation in favor of the agent according to the current point-euro ratio. The StarAgents Points redeemed will be deleted from the account, except under the conditions set out in Clause 3.1.7.
3.1.7. Any modification to a confirmed reservation involves the revaluation of such reservation and the application of the current point-to-euro exchange rate at the time of the modification. In case of cancellation of the reservation, the points redeemed on the cancelled reservation will be refunded to the holder's account, except for those consumed by the penalty in accordance with section 9.1.1. Those points that have expired between the date of the reservation and the date of cancellation of the reservation will be understood and identified as subject to a new expiration period until the end of the following quarter.
3.2. On the StarAgents website (www.StarAgents.com) you can see the present tables with StarAgents Points earned, ratio of point-euro and the offers on current StarAgents Points. The StarAgents Points obtained for each booking will be allocated according to the current values at the guest check-in date. The applicable point-euro rate shall be the most recent rate in place when the StarAgents Points are redeemed.
StarAgents reserves the right to modify the tables of StarAgents Points, the point-euro rate and StarAgents Points offers without prior notice.
The Portal will report amendments, if any, to the StarAgents Points tables, the point-euro rate and StarAgents Points promotions.
3.3. In no case may points be exchanged for cash or cash, nor are they in any other way refundable. Likewise, the points obtained do not imply any acquired right in favor of the agent or agency.
The points acquired carry an expectation of rights in favor of the agent under the terms and to the extent recognized in the StarAgents program in accordance with the general conditions in force.
3.4. The StarAgents rate for nights not covered by StarAgents points will be paid at the hotel on the day of arrival. Prices in the booking confirmation that are not indicated in the currency of the country may vary slightly depending on the exchange rate in effect at the time.
3.5. The price (both in points and currency) does not include country-specific and local taxes, which must be paid in cash (not redeemable with points) directly at the hotel upon arrival.
4. How to check the status of StarAgents Points
4.1. StarAgents program members will receive email notifications at the address provided in their personal data whenever there is a change in the amount of points in their account. Additionally, they will have the option to check their balance and request a summary of point movements in their account through the website (www.StarAgents.com). If any point movement is not recognized, the account holder must inform the StarAgents team within a period of two months from the date of the movement, attaching the required documentation. After this period, it will no longer be possible to file claims.
4.2. Users have a period of 6 months from the customer's check-in to claim unassigned points. Claims beyond this period will not be accepted.
5. Validity of StarAgents Points
5.1. From the moment the agent receives the StarAgents code and password agent can start earning StarAgents points. It is not possible to accumulate points for bookings made prior to StarAgents account and password assignment.
5.2. The account expires if there are no sales transactions in the account for a period of twenty-four (24) months or for a period of twelve (12) months in the event that the agency or the network of agencies to which it belongs has ceased its activity due to bankruptcy, insolvency or insolvency proceedings. In case of account expiration, any points in the account will be forfeited.
5.3. The accumulation of StarAgents Points for an individual travel agent remain linked in the Progam to the travel agency where the agent worked when initially registered in the Program.
The agency manager can manage the accounts of agents in his/her agency through the “My Office/ Registered Agents” tab within the Portal. In that tab, the agency manager can request the cancellation of an StarAgents account, if the specific agent is no longer actively selling tourism products through that agency). The agency manager may then choose from among the various options in that tab for an agent changing travel agency.
5.4. If an agent decides to leave the travel agency where they joined the StarAgents program and wants to transfer their points to their new agency, they must request authorization from the current agency head at the time of the change. This can be granted directly from the head's account through the "My Office / Registered Agents" section or by sending a signed authorization from the head.
Agency heads can only transfer their points to another agency if they have written authorization from the owner of the agency or the chain to which it belongs, or from whoever has the power of direction and decision over such a head.
5.4.1. Once authorization is granted, the agent's account will become inactive, and the agent must request the reactivation of their account from the head of their new office, who will process it through the website www.StarAgents.com in the "My Office / New Agents" section so that the agent can recover their points.
5.4.2. If the travel agency manager from the prior agency refuses to give approval, he/she must decide whether (a) the StarAgents Points accumulated by the transferring agent will go to the agency manager's account; (b) those StarAgents Points will go to the StarAgents account of another agent in the same office; or (c) those StarAgents Points will be voided.
5.5. If an agent registered in the Program stays in the agency where he/she worked when he/she first registered in the Program and/or works in a new agency to which all previous StarAgents Points were transferred with the written approval of agency manager, the StarAgents Points may only be used by the agent who is the registered owner of the StarAgents account. Each agent may have only one StarAgents account.
6. Prerogatives of IBEROSTAR HOTELES Y APARTAMENTOS S.L. Account closing
6.1. IBEROSTAR HOTELES Y APARTAMENTOS S.L., as the company that owns the StarAgents program, reserves the right to cancel the points account and demand the corresponding liabilities from any user who i) makes improper or fraudulent use of the Program; ii) fails to comply with the rules or procedures contained in these General Conditions and/or iii) shows inadequate or inappropriate behavior in an Iberostar accommodation establishment, without prejudice to any claim, in any case, for damages and losses that may arise.
6.2. The system for obtaining and redeeming points shall be subject to the General Conditions in force at any given time. IBEROSTAR HOTELES Y APARTAMENTOS, S.L. reserves the right to modify at any time, and without prior notice, the General Conditions, the points tables, the point-to-euro conversion ratio, the available promotions, the rules of operation of the Program or any aspect related to the Program or the participation of users in it.
6.3. IBEROSTAR HOTELES Y APARTAMENTOS, S.L. reserves the right to make adjustments and/or corrections in the assignment of points that have their origin in an error in the system or in the calculation and accrual of points, as well as in the attribution of points that the agent has obtained fraudulently, in abuse of rights or by means of deceit.
6.4. Account holders can end their participation in the program at any time by contacting the StarAgents team through the contact channels published on the website www.staragents.com. From the moment the notification is received, the account will be deleted, and the account holder will no longer receive program notifications. Any remaining points will be managed by the respective agency manager.
6.5. IBEROSTAR HOTELES Y APARTAMENTOS, S.L. reserves the right to modify or cancel the StarAgents program in whole or in part without prior notice. In the event of cancellation, all points accumulated by cardholders will be cancelled. IBEROSTAR HOTELES Y APARTAMENTOS, S.L. will make every effort to inform in advance of the cancellation of the StarAgents program.
Given the nature of the StarAgents program as a voluntary incentive and promotion, with no consideration required from the travel agents involved, users expressly acknowledge and agree that they are not entitled to any type of indemnity or compensation for the cancellation, in whole or in part, and/or modification of the Program.
6.6. StarAgents reserves the right to make the appropriate adjustments and rectifications to the Agent's points account when, due to computer or operational problems, errors in the accrual, computation and redemption of such points are detected.
7. Responsibility
Neither IBEROSTAR HOTELES Y APARTAMENTOS, S.L. nor any other company of the Iberostar Group involved in the management of the StarAgents program shall be liable for claims of any kind arising, directly or indirectly, from the relationship (contractual or otherwise) between users and the entities providing the services contracted through the redemption of points.
8. – Booking conditions for stays with StarAgents Points and/or special price
8.1. Cancellations, no-shows and changes to reservations for stays made using StarAgents Points and/or StarAgents prices are subject to the following rules:
8.1.1. Changing and cancelling reservations:
Cancellations or modifications of reservations will be made online or by request, contacting the StarAgents team through the contact channels published on the website www.staragents.com, and will only be valid from the moment the account holder has received written confirmation from STARAGENTS. Cancellations will be free of charge up to 24 hours before the arrival date. Cancellations made with less notice will incur a penalty equivalent to one night in points.
Any modification to a confirmed reservation involves the revaluation of such reservation and the application of the current point-to-euro exchange rate at the time of the modification.
8.1.2. No-shows:
For bookings made by redeeming StarAgents Points: The Program may make a charge to the agent's StarAgents account up to the amount of the entire stay in StarAgents Points if there is a no show by 12 noon the day following the scheduled date of arrival. Any remaining nights will also be cancelled and are subject to the provisions of Section 8.1.1 above.
- For reservations made with the special StarAgents price: In case of a no-show by 12 noon the day following the scheduled arrival date, StarAgents reserves the right to make a charge in StarAgents StarAgents Points to the agent's account for the amount of the entire stay. Any remaining nights will also be cancelled. If the agent does not have enough StarAgents Points in the StarAgents account, a negative amount of StarAgents Points will be charged to the account.
8.1.3. Unforeseen Departures:
Cancelling nights during the stay will result in a charge for the first night following the cancelled day, and will be made in StarAgents Points or StarAgents prices: the method of payment will depend on how the agent initially booked the night. If booked with a StarAgents price, this is payable directly to the hotel in cash.
8.2. The beneficiary of the stays must take into account the fiscal repercussions of the taxes applicable in each country, for which IBEROSTAR HOTELES Y APARTAMENTOS, S.L. (or any other company of the Iberostar Group) is not responsible. (or any other company of the Iberostar Group) is not responsible.
9. Legislation and Jurisdiction
These General Conditions are subject to the laws of Spain. For any disputes arising from the interpretation, application or fulfilment of these conditions, the parties submit to the jurisdiction of the state or federal courts located in Palma de Mallorca (Spain), with the express waiver of any other jurisdiction that may apply.
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