Terms and conditions: Important legal information

1. Introduction

Kikoto is a computer platform whose activity is the online sale of boat ticket reservations at the national and international level. This activity will be provided through Inversiones Turísticas del Estrecho S.L. (hereinafter ITE) with registered office at calle Delgado Serrano 1, 3 C, 51001 Ceuta, Spain, with email address contacto@kikoto.es, with tax identification number B-51041689 and registered in the Commercial Register of Ceuta, Volume 129, Book 0, Folio 145, Sheet CE-3361, Entry: 1.

Kikoto is a registered trademark, owned by ITE with registration number M4074178 in the Spanish office of patents and trademarks with registered office at Paseo Castellana, 75 - 28071. Reproduction, copying or modification by users is prohibited without the prior written consent of ITE. The use of our Website implies acceptance and adherence to all our Terms of Use and our Privacy Policy. In addition, due to the diverse services, additional conditions will apply to the products or services, which will be available as part of the agreement you establish with Kikoto when using our services. Likewise, ITE reserves the right to modify these Terms of Use in order to adapt them to the current applicable legislation, jurisprudential developments and customary market practices.

2. What is Kikoto?

It is a portal dedicated to the online sale of boat ticket reservations from different national shipping companies for trips within national and international territory. Our platform has a website (kikoto.es) and a mobile and tablet application available on the APP store and Android Store. Our services include: the possibility of booking boat tickets for one-way or round trips, for one or multiple passengers, inclusive

3. Use of the portal/apps and their services

The User acknowledges and agrees that the use of the contents and/or services offered by Kikoto will be under their sole responsibility. The user agrees not to use our platform for malicious purposes that violate or may violate the rights and freedoms of individuals. The User agrees to use the Portal and all its content and services in accordance with the law, morality, public order, and these General Conditions of Use, as well as any Additional Conditions that may apply. Likewise, they agree to make appropriate use of the services and/or content of the Portal and not to use them for illegal or criminal activities, that violate the rights of third parties and/or infringe the regulations on intellectual and industrial property, or any other applicable laws. The User agrees not to transmit, introduce, disseminate, or make available to third parties any type of material and information (content data, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to the law, morality, public order, and these General Conditions of Use, as well as any applicable Additional Conditions. By way of example, and not limited or exclusive, the User agrees to:

1. Not to introduce or disseminate content or propaganda of a racist
2. Not to introduce or disseminate data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers, or third-party Internet users.
3. Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the fundamental rights and public freedoms recognized constitutionally and in international treaties.
4. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
5. Not to transmit unsolicited or unauthorized advertising, advertising material, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
6. Not to introduce or disseminate any false, ambiguous or inaccurate information and content in such a way as to mislead the recipients of the information.
7. Not to impersonate other users using their registration keys for the various services and/or contents of the Portal.
8. Not to impersonate other people using their personal data to make illegitimate and/or unauthorized reservations.
9. Not to impersonate other vehicles, pets, or accessories to make illegitimate and/or unauthorized reservations.
10. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks or copyrights that correspond to the owners of the Portal or third parties.
11. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and legislation on personal data.
12. Not to include on our pages, content that indicates or promotes sexual, racial, religious discrimination or any other violation of the fundamental rights and freedoms recognized by the laws of Spain; that induce or incite to act illegally or lead to erroneous conclusions due to inaccuracy, omission or similar; that contain false or outdated information; that infringe legal or regulatory rules on the secrecy of communications, intellectual property, the right to honor and personal privacy, or that incorporate violent or degrading content, messages or products.

4. Intellectual and industrial property

The Kikoto portal has content belonging to various legal and natural persons, protected by intellectual property laws and international treaties. The content displayed on or through the website is protected in accordance with current regulations. Except with Kikoto's authorization or unless permitted by law, it is not allowed to copy, modify, manipulate, sell, lease, or exploit any other form of website content. Likewise, hacking or any operation aimed at obtaining any source code of this website is not allowed. The use of the texts or images of the advertisement or any other element of the website in others outside it is expressly prohibited without the express authorization of Kikoto.

5. Various

Kikoto reserves the right to make any modifications it deems appropriate, and may modify, delete and include, unilaterally and without prior notice, new content and/or services, as well as the way in which they are presented and located. Likewise, Kikoto reserves the right to make changes to these Terms of Use at any time. The user shall be subject to the new Terms of Use that have been published at the time of accessing or using the services of the Portal. If any of these conditions are invalid, void or unenforceable for any reason, such condition shall be excluded and shall not affect the validity and enforceability of the remaining conditions. Kikoto reserves the right to deny or withdraw access to the portal and/or the services offered, without prior notice at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use and/or the Specific Conditions which, where applicable, may be applicable. In general, in order to use the Kikoto Services, minors must have obtained prior authorisation from their parents, guardians or legal representatives, who shall be responsible for all acts carried out through Kikoto by the minors in their care. In those Services where it is expressly stated, access shall be restricted solely and exclusively to persons over 18 years of age. This merchant undertakes not to allow any transaction that is illegal, or is considered by credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or have a negative influence on them. The following activities are prohibited under the card brand programs: the sale or offer of a product or service that is not in full compliance with all applicable laws to the Buyer, Issuing Bank, Merchant, Cardholder, or cards.

6. Exemption from responsibilities for commercial intermediation

Kikoto is dedicated to marketing boat travel reservations through its website and application, acting as a commercial intermediary between the selling company (the SHIPPING COMPANY) and the end customer (Kikoto USER). Kikoto will only sell reservations to those authorized by the SHIPPING COMPANY and, therefore, is not responsible for any incidents before or during the trip, such as delays, changes, or cancellations. In these cases, it will be necessary to contact the SHIPPING COMPANY directly to resolve the problem. Even in the case of a refund, the SHIPPING COMPANY is the only one authorized to issue and/or authorize it.

The user declares to be aware of the state regulations regarding discounts for residents, large families, military personnel, etc. And undertakes to travel with the necessary documentation to justify the discount.

7. Prices of services

The prices of the reservations will be established on the corresponding pages and application of the Portal and will be valid for as long as they remain accessible to the User. These may be modified without prior notice when Kikoto deems it appropriate.

8. Duration and termination

The provision of Kikoto services and/or content is of indefinite duration. Without prejudice to the foregoing, Kikoto is empowered to terminate, suspend or unilaterally interrupt, at any time and without prior notice, the provision of the service and Kikoto and/or any of the services, without prejudice to what may have been provided for in the corresponding additional conditions. When reasonably possible, Kikoto will give prior notice of the termination or suspension of the provision of the Portal service and other Services.

9. Exclusion of guarantees and liability

Kikoto does not guarantee the availability, access, and continuity of the operation of this and its Services. Kikoto will not be responsible, within the limits established by current legislation, for damages caused to the User as a result of the unavailability, access failures, and lack of continuity of Kikoto and its Services. Kikoto will be solely and exclusively responsible for the Services provided by itself and for the contents directly originated by Kikoto and identified with its copyright. This responsibility will be excluded in cases of force majeure or in cases where the User's equipment configuration is not suitable to allow the proper use of the Internet services provided by Kikoto. In any case, Kikoto's eventual liability to the User for all concepts will be limited to the maximum amount of the amounts received directly from the User by Kikoto, excluding in any case liability for indirect damages or loss of profit. Kikoto does not control in advance and does not guarantee the absence of viruses and other elements in the Contents and services provided by third parties through Kikoto that may introduce alterations in the computer system, electronic documents, or files of the Users. Kikoto will not be responsible, directly or indirectly, for damages of any kind derived from the use and contracting of the Contents and Services of third parties on the portal, as well as for the lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness of the same. By way of example, and in no case limited, it will not be responsible for damages of any kind derived from:

1. The infringement of intellectual and industrial property rights and the defective compliance or non-compliance with contractual commitments acquired by third parties.
2. The performance of acts of unfair competition and illegal advertising.
3. The inadequacy and defrauding of the expectations of the Services and Contents of third parties.
4. Defects and flaws of all kinds of third-party services and content provided through Kikoto.

Kikoto will not be responsible, directly or indirectly, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the contents and Services provided by third parties that may produce alterations in the computer system, electronic documents, or files of the Users. The exoneration of liability indicated in the previous paragraphs will apply in the event that Kikoto does not have effective knowledge that the activity or information stored is lawful or that it injures goods or rights of a third party susceptible to compensation, or if they have acted diligently to remove the data and contents or make access to them impossible. Kikoto will not be responsible, directly or indirectly, for damages of any kind derived from the use of the Services and Contents of the Portal by Users or that may arise from the lack of truthfulness, accuracy, and/or authenticity of the data or information provided by Users, or from the impersonation of the identity of a third party carried out by a User in any kind of action through Kikoto. By way of example, but not limited to, Kikoto will not be responsible, directly or indirectly, for:

1. The contents, information, opinions, and statements of any User or third parties or entities that communicate or display through Kikoto.
2. Damages and harm caused to third parties derived from the User's use of Kikoto's services and content.
3. Damages and harm caused by the lack of truthfulness, accuracy, or incorrectness of the identity of the Users and any information they provide or make accessible to other Users.
4. From the damages and losses derived from any User's infringements that affect the rights of another User or third parties.

10. Technical link devices

The Portal provides its clients with technical devices for text links and/or graphic links that allow users to access web pages owned by other entities. These links are properly marked as advertising on the Portal. The User acknowledges and agrees that the use of the Services and contents of the linked websites will be at their sole risk and responsibility, and releases Kikoto from any liability for the technical availability of the linked websites, the quality, accuracy, and/or truthfulness of the services, information, elements, and/or contents that the User may access on them and in the search directories included on the Portal. Kikoto shall not be indirectly or subsidiarily liable for damages of any kind arising from a) the operation, unavailability, inaccessibility, and lack of continuity of the linked web pages; b) the lack of maintenance and updating of the contents and services contained on the linked web pages; c) the lack of quality, inaccuracy, illegality, and uselessness of the contents and services of the linked web pages.