Terms and Conditions

Copyright and trademarks

All content is the property of Real Travel SpA – 2020 .

All copyrights are reserved.

Content

All text, information, data, photographs, graphics, html code, computer software, source code and object code, audio and video samples, marks and logos, and the like (hereinafter the “Content”) that appear on this optimized website for mobile devices, mobile device services or mobile device applications (collectively “Mobile Application”) belong to Real Travel SpA (hereinafter the “Company”) or its affiliated companies, licensees or suppliers, or who has assigned the rights already protected and confirmed the information provided on the site and app,unless expressly specified in this Mobile Application. Users (as defined herein) may only use the Content on a mobile device (for example, Android device or mobile device) they own or control, and only for personal, internal and non-commercial purposes. No other use of the Content, including, among others, any kind of reissue of it, is allowed without prior written authorization from the Company. Any User who has proven to have violated the intellectual property of a third party by retransmission or publication of material linked to this Mobile Application that infringes the copyright or other legal rights of said third party will be excluded from this Mobile Application.

All registered trademarks used in this Mobile Application are the property of the Company or, in a few cases, used with the authorization of their respective owners. No third party may use or reproduce any trademark that includes, among others, logos and Internet domains that use the trademarks ” Real Travel SpA “, ” Real Travel” (whether or not they are used with capital letters or spaces) without the prior written consent of the Company or the owner of the registered trademark.

Apart from the non-exclusive, non-sublicensable, non-transferable, personal and limited use rights of the Users as specified herein, no right is granted to said Content or portions thereof, regardless of the way it appears, through its inclusion in this Mobile Application or through access to it by the User. A User may not: (a) separate any individual Content or component of the Mobile Application for any other use than that indicated in relation to the Mobile Application; (b) incorporate a portion of it into the User’s own programs or collect any portion in combination with the User’s own programs; (c) transfer it to be used by another service; or (d) sell, lease, assign, loan, distribute, publicly communicate, transform or sublicense the Mobile Application or grant in any way any right to the Mobile Application, in whole or in part. The Company will be responsible for all maintenance or technical support of the Mobile Application; No Third Party (as defined in this document) will be responsible for providing maintenance services or technical support for the Mobile Application , unless Real Travel SpA contracts its services after concluding a contract where the rights and duties of both parties will be defined. , in addition to the absolute confidentiality of codes, sources and everything that the application entails.

The Company reserves the right to amend, supplement or totally or partially suspend the Mobile Application from time to time. Likewise, the Company reserves the right to change the Terms and Conditions at any time, effective immediately from the moment the Mobile Application is updated. The terms “User” and “Users” refer to any individual or entity that uses, accesses, downloads, installs, obtains or provides information to and from this Mobile Application. All references to the plural herein will include the singular, and references to the singular will include the plural unless otherwise understood from the context.

Claims for violation of rights in the mobile application

In the event that a visitor believes that their intellectual property rights or trademarks may be being violated by materials published or stored in this mobile application, they must send a copy by email to: hola@realtravel.cl with a confirmation copy sent to:   

REAL TRAVEL SPA

SAN IGNACIO 879

PUERTO VARAS / LLANQUIHUE PROVINCE / LOS LAGOS REGION

5550564

CHILE


Please send a separate Notice for each case you wish to report as an alleged case of copyright infringement.

The Company has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of Users who are repeat infringers or who are repeatedly accused of infringement.

Use

By using, accessing, downloading, installing, obtaining or providing information to and from this Mobile Application, Users will be deemed to have read and accepted these Terms and Conditions (including our Privacy Policy ), which is incorporated into this document by virtue of this reference. The use of this Mobile Application will also be subject to the Terms and Conditions of www.realtravelapp.com and, if applicable, to the Terms and Conditions of My Account. Please note that all references to the “website” in our Privacy Policy are also considered valid for this Mobile Application, whether used in conjunction with or independently of the Company Website at www.realtravelapp.com   

Users should suspend the use of this Mobile Application immediately if they do not agree or do not accept all these Terms and Conditions. The Company reserves the right to eliminate or prohibit any User from using this Mobile Application at its sole discretion.

User account

The Company may, in its sole discretion, provide Users with access to restricted portions of this Mobile Application, including, among others, one or more User accounts where specific customer information and services may be provided and / or obtained.

Users entering such locations may be subject to additional Terms and Conditions as specified in relation to the services provided. Users with service accounts are solely responsible for preserving the confidentiality of all access information, the information of the User’s account and all the actions or omissions related to said account.

Content submission

In the event that a User sends digital images or other content, including all photographs, illustrations, graphics and text (together, “Materials”) to the Company through the Mobile Application, the following terms will be valid:

  • The User may only send to the Company, through the Mobile Application, Materials of which he has all the intellectual property rights. In other words, if a User sends a digital image to the Company, the User must have all the rights to said image or the User must have the authorization of the person who owns such rights. Minors cannot send Materials to the Company through the Mobile Application. Likewise, a User may not send any personally identifiable information about a child under 13 years of age.
  • The User hereby assigns to the Company the worldwide rights and licenses, without exclusivity, royalty-free and in perpetuity to (a) reproduce, distribute, transmit, represent and publicly display the Materials, totally or partially, in any way and in any means of transmitting information, currently existing or created in the future (“Media”), (b) modify, adapt, translate and create derivative works of the Materials, totally or partially, in any way and in any Media, and (c) grant sub-licenses for the aforementioned rights, totally or partially, to third parties with or without a concession fee.
  • The User hereby grants the Company and its sub-licensees a worldwide, royalty-free, non-exclusive license to use all trademarks, trade names and the names and images of any individual appearing in the Materials. The User grants the Company and its sub-licensees the right to use the name that the User sends in relation to the Materials. 

Third parties

The wireless service providers of the Users, the manufacturers and sellers of the mobile devices in which the User downloads, installs, uses or accesses the Mobile Application, the creator of the operating system for the users’ mobile devices and the operator of any store of similar applications or services through which users obtain the Mobile Application, if any, (collectively, the “Third Parties”) are not part of these Terms and Conditions and are not the owners or responsible for the Mobile Application. The Third Parties do not provide any guarantee in relation to the Mobile Application. They are not responsible for the maintenance or other technical support services of the Mobile Application and will not be responsible for any other claim, loss, imputation of responsibilities, damages, costs or expenses related to the Mobile Application.

Users acknowledge and accept that Third Parties and their subsidiaries are third party beneficiaries of these Terms and Conditions and that they have the right (and it will be assumed that they have accepted such right) to exercise these Terms and Conditions before users as third party beneficiaries.

The Mobile Application was created for the most recent version available on the market of the operating systems of Users’ mobile devices and compatibility problems may arise when using previous versions. Wireless network coverage and Wi-Fi network speed vary by provider and geographic location. The Company is not responsible for the limitations and / or failures in the operation of any wireless or Wi-FI service used to access this Mobile Application or for the security of wireless or Wi-Fi services. Likewise, the Company is not responsible for the charges or fees for the use of data networks, which are the sole responsibility of the User.

Mobile app updates

The Company may request Users to update their version of the Mobile Application at any time. Although every effort will be made to preserve the personal settings and preferences of the Users, there will continue to be the possibility that they will be lost.

Wireless coverage issues and feature disablement

When trying to make a transaction in the Mobile Application, the wireless connection may be interrupted or a function may be disabled. In the event that this occurs, Users must verify the status of the transaction that has been attempted as soon as they enter an area with wireless coverage or have access to a computer.

Limited liability

THE THIRD PARTIES, THE COMPANY AND ITS PARENT AND AFFILIATED COMPANIES, TOGETHER WITH THE RESPECTIVE MANAGERS, DIRECTORS, PERSONNEL, EMPLOYEES AND REPRESENTATIVES (TOGETHER REFERRED AS THE “EXEMPT PARTIES”) WILL NOT BE LIABLE OR SUBJECT TO LEGAL ACTIONS, AND BY THE USER WAIVES ALL CLAIMS, CLAIMS, IMPOSITION OF LIABILITIES, LEGAL CAUSE, COMPLAINT, CLAIMS OF DAMAGES AND INJURIES, FOR REASONS, DIRECT, INDIRECT, INCIDENTAL, INCIDENTAL, INCIDENTAL, INCIDENTAL, INCIDENTAL, INCIDENTAL, DIVERSE ANY NATURE WITH REGARD TO THIS MOBILE APP (INCLUDING THE PRODUCTS, SERVICES AND CONTENTS OF THE EXEMPT PARTIES), EVEN IF THE EXEMPT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY OF USERS BEFORE SUCH CLAIMS, LAWSUITS, IMPUTATION OF LIABILITIES, LEGAL CAUSES, COMPLAINTS OR CLAIMS FOR DAMAGES AND DAMAGES IS TO END THE USE OF THIS MOBILE APP.

Privacy

Our privacy policy in relation to any information obtained by the Company through this Mobile Application can be found in the Privacy Policy section of the Company’s Website. Some additional privacy rules may be valid as established in the functions of this Mobile Application restricted for specific User services.  

The use of this Mobile Application implies the electronic transmission of information through the networks of the wireless service provider. Since the Company does not operate or control the wireless networks used to access the Mobile Application, the Company is not responsible for the privacy or security of wireless data transmissions. Users must use accredited service providers and verify with their wireless service provider the information related to their privacy and security practices.

Sponsorship

The Company does not recommend, sponsor, or promote third-party businesses, services, or products, except for statements of recommendation or sponsorship that the Company expressly makes, if any, in this Mobile Application. If this Mobile Application provides information about third parties or provides content from third parties, and even links to third party websites, the Company will not be responsible for any loss or damage related to any third party information, even if it contains errors or mistakes. Likewise, the Company will not be responsible or subject to legal action for the services or products of third parties. See also the links section of our Privacy Policy , including the disclaimer for third party content. 

Disclaimer of Warranty

THE EXEMPT PARTIES MAKE NO REPRESENTATION AS TO THE FUNCTIONALITY AND USE OF THE CONTENT OF THIS MOBILE APP. USE AND NAVIGATION BY THE USER WITH THIS MOBILE APP IS AT THE SOLE RISK OF THE OWN USER. ALL INFORMATION CONTAINED IN THIS MOBILE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ASSERVATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, USERS SHOULD NOT ASSUME THAT THE INFORMATION INCLUDED IN THIS MOBILE APP IS CURRENT WHICH INCLUDES RECENT INFORMATION.

THIS MOBILE APP MAY FAIL TO OPERATE, BE INTERRUPTED, OR OPERATE IMPROPERLY OCCASIONALLY. EXEMPT PARTIES HAVE NO LIABILITY FOR SUCH TERMINATION OF OPERATION, INTERRUPTION OR MALFUNCTION. USERS ARE WARNED THAT THE INFORMATION CONTAINED HERE MAY CONTAIN TECHNICAL ERRORS, INACCURACIES, PROGRAMMING ERRORS, UNKNOWN VIRUSES, AND OMISSIONS. THE USER ASSUMES ALL RISKS LINKED WITH THE USE OF THIS MOBILE APP, AND AGREES THAT THE COMPANY DISCLAIMS ANY WARRANTIES LINKED TO THE USE OF THE MOBILE APP BY THE USER.

WITHOUT PREJUDICE TO THE PROVISIONS OF ANY OTHER CLAUSE OF THESE TERMS AND CONDITIONS, THE COMPANY DISCLAIMS ANY MANIFESTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS MOBILE APPLICATION (INCLUDING OUR SERVICES) , AMONG OTHERS, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF PACIFIC ENJOYMENT, TITLE, NON-VIOLATION OF THIRD PARTY RIGHTS AND PRECISION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR INCREASE IN ANY WAY THE SCOPE OF OUR OBLIGATIONS AS SET FORTH IN THESE TERMS AND CONDITIONS.

Exoneration

Users will release all liability and exonerate the Exempt Parties from all claims, lawsuits, civil liability, legal cause, lawsuit or damages (including attorneys’ fees and reasonable expenses) that arise as a consequence of the use that said Users make. of the Mobile Application (including our products, services and Content), including, among others, the incorrect information, content or delivery of the Mobile Application, or of the products and services of the Company or third parties. The Company reserves the right, on its own behalf, to assume the exclusive defense and control of any matter subject to exemption by Users, but doing so does not exempt Users from their obligations of exemption.

Location functions available

Certain location functions (for example, locating the nearest Company payment office or the nearest CNG station) available in the Mobile Application are provided by third parties. The use made by users of this functionality is subject to the terms and conditions of the third party (and its occasional updates). Users must use their own judgment on the adequacy and appropriateness of the information. All location information is provided entirely in the condition it is in, without guarantees of any kind.

Dispute resolution

Dispute arbitration agreement

BY USING, ACCESSING, DOWNLOADING, INSTALLING, OBTAINING OR PROVIDING INFORMATION FROM AND TO THIS MOBILE APPLICATION, USERS EXPRESSLY AGREE THAT ANY CLAIM, DISPUTE OR DISPUTE OF INDIGENOUS SOUTHERN USERS AND THE SOUTHERN SOUTHERN REGION MODE WITH MOBILE APPLICATION, INCLUDING DISPUTES LINKED TO THE APPLICABILITY, SCOPE OR VALIDITY OF ANY OF THE CLAUSES OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY (IN CONJUNCTION, “THERE WILL BE DISPUTES”) ESTABLISHED. EITHER PARTY MAY FILE A CLAIM AGAINST THE COMPANY BY CLICKING HERE. IN CASE THE CLAIM IS NOT INFORMALLY RESOLVED, THE USER HEREBY AGREES TO RESOLVE ALL DISPUTES THROUGH CONFIDENTIAL BINDING ARBITRATION, EXCEPT FOR THE ONLY EXCEPTION SET FORTH BELOW. ALL DISPUTES WILL BE RESOLVED BY AN ARBITRATOR, WHO WILL BE A NEUTRAL ARBITRATOR APPOINTED BY AGREEMENT OF BOTH PARTIES TO THE DISPUTE. IN CASE THE PARTIES CANNOT AGREE TO A NEUTRAL ARBITRATOR AFTER SIXTY (60) DAYS, THE NEUTRAL ARBITRATOR WILL NEVER BE SELECTED TO RESOLVE THE DISPUTE. THE COMPANY WILL COVER THE COSTS OF THE SELECTED ARBITRATOR THROUGH THIS MUTUAL AGREEMENT PROCEDURE FOR ALL CLAIMS OF A NON-FRIVIVAL NATURE.

Each party agrees to pay the fees and expenses of their own attorneys. Likewise, the User and the Company accept that for all claims for damages of less than $ 10,000, the arbitration may be carried out at the discretion of the plaintiff only based on written submissions. The User and the Company also agree that for all disputes of less than $ 10,000, the customer of the utility company may choose to file said claim in a lawsuit court where the customer has a billing address, and for all other cases. in a small claims court in the Republic of Chile . If the dispute is filed by a utility customer of the Company, the arbitration will be held in the county where the user has a billing address. The arbitrator has the power to grant a judicial injunction, but does not have the power to grant punitive damages. The dispute will be governed by the laws of the Republic of Chile without prejudice to conflict with the provisions of the law.

Waiver of collective arbitration

To the extent that the full application of the laws allows, all Disputes will be resolved by confidential binding arbitration individually according to the individual capacity of each party, and not as an integral part of an alleged class action lawsuit of any class action. The arbitrator does not have the legal capacity to resolve more than the claim of a single person, and in no way can settle any form of representative or collective legal action. Users expressly accept that no other Dispute will be unified or annexed to their Dispute, either through legal actions of collective arbitration or other procedures. By using, accessing, downloading, installing, obtaining or providing information from or to this Mobile Application, Users accept that they voluntarily and deliberately waive any right to participate as a representative or member of any group or group of claimants of any Dispute.

Compliance with the arbitration decision

The arbitrator’s decision will be final and binding on all parties subject to these Terms and Conditions, and may be applied as a precedent in any court of competent jurisdiction.

Divisibility

If any clause of these Terms and Conditions turns out to be invalid, null or inapplicable, the remaining clauses will keep their total validity anyway and the invalid, null or inapplicable clause will be considered as modified in such a way that it is valid and applicable to the maximum allowed scope. by the law.

Prevailing language

In the event that there is any inconsistency, ambiguity or conflict between the Spanish version of these Terms and Conditions and those translated into other languages, the Spanish version will prevail over the rest.

Questions and Comments

Users who have any questions or concerns about the Terms and Conditions for Mobile Applications can contact the webmaster regarding this Mobile Application by writing to the following email:


hola @realtravel.cl with a confirmation copy sent to:  

REAL TRAVEL SPA

SAN IGNACIO 879

PUERTO VARAS / LLANQUIHUE PROVINCE / LOS LAGOS REGION

5550564

CHILE

Terms and conditions written on January 24, 2020 and have an indefinite validity