1. - General information on the website owner
This website www.j-leisure.net is managed by J-LEISURE CORPORATION PTE LIMITED (hereinafter referred to as J-Leisure), a legally-constituted Singapore company, with its registered address at One Raffles Place, #44-02, Tower 1, Singapore 048616.
J-Leisure values your privacy. It is important that you have a clear understanding of our practices with regards to information collection and information usage, that you have full control of which personal information you provide to J-Leisure.
2.- Products and services
The products of J-Leisure, referred to collectively as “Tourist Services” and which are sold via the www.j-leisure.net website (hereinafter referred to as the “Website”), consist of accommodation, airlines ticket, transfers, excursions, tickets, special offers for groups, car rental and other destination services, and will be marketed and sold exclusively to retail agencies (hereinafter referred to as “AGENT”).
In any event, these Tourist Services will be subject to the general terms and conditions displayed and accepted on the Website and in accordance with the prices, rates and cancellation conditions shown at the time of making the booking. The Website will inform users of the process to follow to make the booking.
3.- Website modifications and updates
J-Leisure, the legal manager of the Website, reserves the right to modify unilaterally, at any time and without prior notice, the information contained in this document as well as the general terms and conditions published on the Website. Similarly, J-Leisure reserves the right to modify the Website’s appearance and configuration unilaterally, at any time and without prior notice. Access to the system used for this program may be suspended at any time due to maintenance work, for network security reasons or due to force majeure.
J-Leisure does not guarantee that the contents of its Website will be fully up to date, accurate and/or available at all times, although every effort will be made for this to be so. Despite the fact that J-Leisure wishes to provide the AGENT with a continuous service through the Website, this service may be interrupted for various reasons. In such cases and whenever possible, J-Leisure will attempt to inform users sufficiently in advance, but accepts no responsibility whatsoever for any damages that users may incur as a result of interruptions to the service allowing access to the Website.
4.- Website access
Access to this Website will be provided exclusively by J-Leisure.
Access to certain services is conditional upon the user registering on the J-Leisure database. In these cases the AGENT agrees to duly safeguard the access keys (user name and password) as they are for sole use by their holder and the safeguarding and correct use of them is entirely the user’s responsibility. The AGENT, which freely and voluntarily registers as a user or informs J-Leisure of any personal data through the procedures established on this Website, expressly authorises J-Leisure to use the said data to send the user commercial information about its products or services, until the user ceases to be a client of J-Leisure. In any event, the said data will be treated in accordance with the description provided in this Policy, and always respecting the legislation in force at all times in matters pertaining to personal data and services relating to the information society. All information provided for J-Leisure by the AGENT must be accurate. To this effect, the AGENT guarantees the authenticity of any data it may provide as a consequence of completing the forms needed to register as a client or user. Similarly, the user will be responsible for ensuring that all information provided to J-Leisure is kept permanently up to date, so that it corresponds at all times to the user’s real situation. In any event, the AGENT shall be held solely responsible for any false or inexact information provided and for any damages that this may cause to J-Leisure or any third parties due to the information provided.
5.- Unauthorised use
The AGENT or the users in general who use this Website agree not to make any use of this Website for any purposes or activities that are illegal or illicit, or that contravene the norms of good conduct, and have no right to modify any of the materials included on the Website, nor to copy, distribute, broadcast, present, produce or in general reproduce in any way, publish, authorise or create any work based on the information or the content included on this Website.
6.- Process for contracting services
6.1 Age and responsibility
The AGENT guarantees i) that it and its user(s) make legitimate requests and bookings for the AGENT or in representation of other persons who have legally authorised the AGENT to proceed with the booking; ii) that the AGENT’s user(s) is at least 18 years of age or has the legal capacity necessary to create a legal contract on behalf of the AGENT; and iii) that any and all information supplied during the booking process is correct and true, for which the AGENT accepts all financial responsibility resulting from any transaction carried out using the AGENT’S access codes or on behalf of the AGENT.
6.2 Access codes
The access codes for this program (user names and password) will be provided by J-Leisure for each AGENT, including any passwords that may be needed for each AGENT’s user.
The access codes provided by J-Leisure are for the sole use of each AGENT and user, in such a way that no access code may be transferred or revealed to third parties, including their representatives or subsidiaries of the AGENT.
Each AGENT and every user is directly responsible for the use of their own access code. In the event of inappropriate usage, the said access codes will be withdrawn, all sales will be immediately suspended, and J-Leisure reserves the right to take whatever legal actions it deems fit.
For reasons of security, J-Leisure reserves the right to modify the access codes used by the AGENT, provided that such changes do not adversely affect the use of the system made by the AGENT, and that the AGENT has received appropriate prior notice with regard to the changes planned.
6.3 Contracting services
The conclusion of the contracting process via the Website is conditioned by this document and by the J-Leisure General Terms and Conditions of Contracting (hereinafter collectively referred to as “Terms and Conditions”). The Terms and Conditions are an integral part of the Website, and may not be separated from the general contracting conditions, the operational section or any bookings made. By accessing, viewing, using or contracting the Website, the AGENT consents to be governed by these Terms and Conditions. The AGENT also agrees to abide by all laws and regulations that are applicable to this Website and the bookings made through it.
If the AGENT does not wish to be bound by these Terms and Conditions, it must not proceed to book any Tourist Services on the Website.
Booking and contracting the product(s) offered by J-Leisure may only be made by a person of legal age and with full legal capacity to act in accordance with current law. The AGENT, therefore:
- Shall not use the Website for any purpose other than for contracting the Tourist Services or other J-Leisure product.
- Shall not send, transmit or issue on or via the Website any information that may be damaging, obscene, defamatory or illegal in any other way for the rights of the J-Leisure or any third parties.
- Shall not make any unauthorised, false or fraudulent bookings.
- Shall not use any software, routine or mechanism that interferes or has the possibility of interfering, electronically or manually, with the operability and functionality of the Website, including but not limited to the loading or transfer of corrupt data or computer viruses of any kind.
- Shall not distort, alter or interfere in the appearance, availability or format of the Website or its source code.
- Shall not undertake actions that lead to an unreasonable or disproportionate overload of the Website or its infrastructure.
6.4 Impossibility of handwritten signature
Due to the special nature of remote contracts, you hereby recognise the impossibility of signing the payment receipt, which is considered to acknowledge acceptance of the transaction. For this reason you hereby waive the need for a signature for all electronic transactions generated by bookings made through the Website.
Notwithstanding any other of its rights, J-Leisure reserves the right to deny access to this Website and/or to cancel any bookings, should J-Leisure deem (at its own discretion) that the AGENT is failing to comply with any of the Terms and Conditions.
6.5 Independent contracting parties
J-Leisure and the AGENT are independent parties to the agreement. No joint venture or other business relationship, franchise, representation or agency exists between the parties. Neither party shall have the power to bind the other or to accept obligations on its own behalf without the prior consent of the other party.
7.- Personal information and data protection
7.1 Personal data treatment
With strict observance and compliance with the requirements set forth by the applicable personal data protection law, common law duties as well as statutory provisions and/or any legislation that develops, adds to, and when appropriate, replaces them (hereinafter referred to as “Personal Data Protection Regulation” or “PDPR”) J-Leisure agrees to ensure the protection and diligent use of the information that J-Leisure accesses from both the AGENT and the end consumer (hereinafter referred to as “CLIENT”) and manage that personal data properly as an important duty for J-Leisure.
During the application and registration process by the AGENT on the Website with J-Leisure, the AGENT may provide to J-Leisure data relating to the AGENT and personal data relating to the user contracting the Website’s services on behalf of the AGENT and who is responsible for the use of the access codes. The AGENT agrees to administer the codes diligently and accepts any financial responsibility resulting from any transaction carried out using the AGENT’S codes or on behalf of the CLIENT.
The AGENT guarantees that any personal data which, by virtue of the use of this system the AGENT discloses to J-Leisure, has been obtained, treated and transmitted under strict compliance of the PDPR, and authorises J-Leisure to proceed with any data transfers that may be required to ensure that the booking requested by the CLIENT can be processed. The AGENT agrees to provide all necessary and updated information on the CLIENT.
J-Leisure and the AGENT declare and guarantee that they have implemented the necessary technical and organisational measures to ensure the security of all personal data to prevent any alteration, loss, treatment and/or unauthorised access, taking into account the state of the technology, the nature of the data stored and the risks to which they are exposed.
7.2 Incorporating data into electronic files
The AGENT has been informed and gives its express and unequivocal consent for its data to be incorporated into the personal data files that exist at J-LEISURE ETRAVELINK PTE LTD and for the said data to be processed with the aim of providing, administering, brokering and contracting the services provided by J-Leisure, processing bookings and collecting payment for products and services through J-Leisure, call centres, incident management, compiling statistics, etc.
The party responsible for said files is: J-LEISURE ETRAVELINK PTE LTD.
If the AGENT’s client or the user wish to exercise the PDPR-granted rights to access, rectify, cancel or oppose the said data, they can email firstname.lastname@example.org or write a signed and certified letter, and in both cases indicate the requested action and provide a copy of the applicant’s national identity document.
In the event of accessing any personal data, the AGENT and J-Leisure agree to:
- Guard the data using legally enforceable technical and organisational security measures to ensure their safety, and prevent any alteration, loss, treatment or unauthorised access, in accordance with the state of the technology at the time, the nature of the data and any risks to which such data may be exposed.
- Use or apply the data solely for the agreed services.
- Not communicate the data, even in terms of its storage, to other people. Not duplicate or reproduce all or any of the data’s information, results or details.
- Ensure that the data are handled solely by those employees whose involvement is necessary for the provision of the specific service. It is possible for the information to be disclosed to third parties, but the said parties are obliged to maintain confidentiality in accordance with the provisions of this document.
- Once the service provision has come to an end, ensure that the information is destroyed or returned, together with the devices or documents containing the data, without retaining a copy of any kind.
The AGENT authorises J-Leisure to reveal the information about its consumers to third parties with the sole purpose of completing the consumer’s booking and for administrative purposes. Any data collected on the Website in this way will be sent, in accordance with the provisions of the PDPR, to the entities that need to be involved in order to contract the services required.
When the CLIENT’s hotel stay or service provision falls outside the European Economic Area (EEA) or outside the limits of the US-EU Safe Harbor Framework, data protection controls may not be as strict as the legal requirements contained in the PDPR. However, under no circumstances shall J-Leisure pass information on to any person that is not directly responsible for preparing the travel details.
In the event of the AGENT, its employees or, where applicable, any contracted third parties failing to meet any commitments or obligations resulting from the PDPR, the AGENT shall be considered liable, specifically assuming complete responsibility for any claim made against J-Leisure as a consequence of any kind of administrative sanction imposed by the corresponding authorities, as well as damages from any in-court or out-of-court proceedings against J-Leisure. Responsibility includes, in all cases, fees for lawyers, attorneys and any other professionals, with early termination of the services provided considered a specific failure by the AGENCY to comply with the provisions of this clause.
“Confidential information” is deemed as any information or data, written or otherwise, computerised or in any format currently existing or yet to be invented, which J-Leisure communicates or supplies to the AGENT, or to which the AGENT has access with or without the knowledge and/or express consent of J-Leisure.
Confidential information therefore includes, but is not limited to: databases and prototypes created using submitted documentation, own-build software, access keys for computer systems, information referring to users and/or clients of the AGENT, telephone numbers, fax numbers, email addresses, addresses of offices, agencies, branches, delegations and central offices, computer programs, copies, Jlc, routines, sources, functional and organic analyses, know-how, formulas, processes, ideas, inventions (patentable or otherwise), financial data and development plans, strategies, content from offers presented and any other supporting documentation, data or materials belonging to J-Leisure or available on its Website and to which the AGENT could have access, residential telephone numbers, fax numbers, email and home addresses, signatures, copies of passports or national identity documents, credit/debit card details, personal or dietary preferences, religious details or any other information that may apply to and be relevant to the contracting or payment of the booking made by the CLIENT or the user on behalf of which the said CLIENT operates.
In no case shall the following information be considered confidential:
- Any subject that is publicly available or which enters the public domain, unless it does so as a result of a breach by one of the parties.
- Any information or knowledge (know-how) acquired by third parties.
- Any information which must by law be made public.
- Any information required by Judges or Courts.
- Information referring to economic data or data of any other kind that must be submitted to the state, local or regional authorities, due to fiscal, labour-related or government procurement requirements.
7.4 Disclosure ban
The total or partial disclosure of any confidential information to which the AGENT may have access as a result of contracting and providing the services of third-party individuals or corporate bodies not included in this business relationship is expressly prohibited.
The AGENT guarantees that its employees, clients, suppliers, sub-contractors and other persons relating to the collaboration agreements between J-Leisure and the AGENT adhere to the confidentiality obligations contained in these Terms and Conditions. The AGENT will be solely responsible for taking any necessary measures to this end, and for making any claims for damages resulting from a breach of this obligation.
The AGENT agrees to maintain these obligations of confidentiality indefinitely, from the date on which the AGENT consents and agrees to these Terms and Conditions, and regardless of whether or not the relationship between the parties comes to an end.
7.5 Public announcements or external communications
The AGENT shall consult with J-Leisure with respect to the contents of any communication or marketing material it proposes to have with the media or any external party related to J-Leisure or its relationship with them, and any announcement or statement it intends to release to the press by providing J-Leisure with a draft thereof. The AGENT shall not release any communication, marketing material or press release unless and until it first obtains J-Leisure’s consent in writing.
The AGENT shall be direct and personally liable for any damage or loss caused to J-Leisure for this reason.
8.- Intellectual/industrial property and other rights
8.1 Website content
All the designs, brands, patents, names, images, logos, graphics, icons, applications and other Website content are the property of J-Leisure, or where applicable J-Leisure has a licence for their use, enjoying in consequence the protection provided to that end for industrial and intellectual property. Under no circumstances does access to the Website imply a transfer of said rights by J-Leisure to the AGENT, which may not make any commercial use of such content, or in any way alter, reproduce, distribute or publicly communicate said content without authorisation by J-Leisure.
The AGENT recognises and agrees that, with the exception of the regulations herein provided, it shall acquire no right or interest with regard to the information or data to which it has access, and that J-Leisure shall continue to be the sole owner of the information and data, including but not limited to all patents, copyrights, brands, business secrets, commercial names, contracts, industrial designs and other property rights belonging to them, anywhere in the world.
All brands, copyrights, database rights and other intellectual and industrial property rights over the contents of the Website (and its organisation and appearance), as well as the source codes, are the property of J-Leisure or its providers. Neither the AGENT nor any other representative may copy, modify, alter, publish, publicly communicate, distribute, sell or transmit the contents of this Website or its source code, either wholly or in part, without written authorisation from J-Leisure.
In the event of the AGENT making inappropriate use of any brand belonging to J-Leisure, without the express authorisation of J-Leisure through the corresponding licence, the AGENT shall be immediately denied access to the J-Leisure product, which shall not affect the right of J-Leisure to bring any legal action it deems fit in defence of its rights.
With the exception of the stipulations in the General Terms and Conditions of Contracting, the AGENT is prohibited from copying, reproducing, modifying, transmitting, selling, leasing, marketing or disclosing the contents (and/or any of their elements) provided and disclosed by J-Leisure.
J-Leisure will not be held liable for any errors or inaccuracies in the content or any of its elements.
The AGENT recognises and accepts that merely revealing or accessing the information or data available on this Website does not constitute an offer by J-Leisure for the sale or transfer of such elements.
8.4 Content waiver
The information on this Website has been entered in good faith. J-Leisure cannot guarantee that it is completely free of defects or typographical errors, and as such J-Leisure accepts no liability whatsoever for any errors or omissions that may exist on this Website. The information on accommodation and other services provided by J-Leisure is as accurate as possible considering that the information is supplied by the service providers, and J-Leisure is not responsible for any inaccuracies in the information with regard to the actual service provided.
The Website may include links to third-party websites, which are provided solely for purposes of information. Any such websites are independent from J-Leisure, which shall not be held responsible for them or for any material that they may contain.
The service providers promoted on the Website are independent entrepreneurs and in no case are they agents or employees of J-Leisure. They provide their services in accordance with their own terms and conditions, which may limit or exclude their liability with regard to the AGENT or the CLIENT. J-Leisure and its affiliates are not liable for any action, omission, negligence or breach of contract by these independent entrepreneurs, or for any damages or costs that may result from such circumstances. J-Leisure and its affiliates are not liable for any reimbursements in the event of overbookings, force majeure or any other cause beyond control of J-Leisure.
To the maximum extent permitted by law, J-Leisure excludes and disclaims any and all implicit guarantee and implied warranties with regard to the veracity and accuracy of the information, services and materials contained on this Website. Such information, services and materials are provided as they are and subject to availability, with no guarantee of any kind.
9.- Claims and liability. Liability disclaimer clause
Under no circumstances will J-Leisure (or its affiliates) be held liable for any direct or indirect losses or damages of any kind resulting from the Website being accessed or otherwise, from its use or from the information contained on the Website, including the interruption of business and any similar circumstance.
The liability of J-Leisure will not under any circumstances exceed the amount paid by the AGENT to J-Leisure for the specific services offered, regardless of whether said liability is the result of a breach of these Terms and Conditions, a breach of the agreement that these Terms and Conditions relate to, an action or omission that violates any legal or regulatory obligations, or any other cause.
10.- Transfer of rights
J-Leisure reserves the right to transfer part or all of the obligations or rights resulting from these Terms and Conditions to any subsidiary, associate or parent company, and any subsidiary of said parent company.
The AGENT is not authorised to transfer to a third party any obligation or right resulting from these Terms and Conditions, or any other agreement that forms part of it with regard to a third party, unless express authorisation has been given by J-Leisure.
Although cookies help to optimise the bookings process, users who do not wish to receive cookies or who do not want their visit to be reported may configure their browser to this end.
All internet browsers include options in their configuration that allows cookies from specific websites to be blocked or for access to be allowed.
Some of our websites and emails with HTML format may use markers and/or cookies to compile statistics regarding the usage of J-Leisure. One web marker is an image placed in the message to inform J-Leisure that said message has been viewed, with the sole purpose of compiling usage statistics.
The Website may contain hyperlinks other websites that are not edited, controlled, maintained or supervised by J-Leisure, which is therefore not liable for the content of the said websites. Their content is the responsibility of their respective owners and J-Leisure does not guarantee or approve the said content. The purpose of any links that appear or may appear on the Website is solely that of informing the user about the existence of other sources of information about the subject matter to be found on the internet. Under no circumstance will J-Leisure be held responsible for the results that entail through the said hyperlinks. Any users who wish to establish hyperlinks to this Website must abstain from making any false, inaccurate or incorrect representations concerning the Website or its content. In no cases should it be stated or suggested that J-Leisure authorises the hyperlink, or that it supervises, approves of or accepts in any way the contents or services offered or made available on the Website which the hyperlink leads to. Under no circumstance does establishing a hyperlink imply the existence of any kind of relationship between J-Leisure and the owner of the website within the hyperlink. No hyperlinks will be established to websites that include information or content that is illicit, immoral or that contravenes the norms of good conduct, public order or any accepted internet usages, or which contravenes the rights of third parties in any way. Hyperlinks which link to the Website from other websites may allow access to the Website, provided they respect the previously established requirements, but may not reproduce its content in any way.
If you are using this Website, this means that you accept and agree with the information provided herein, and therefore that you accept these Terms and Conditions.
Furthermore, it is the sole responsibility of the AGENT to ensure that these Terms and Conditions are brought to the attention and obtain the acceptance of its CLIENTS, intermediaries and any other person or company involved that may affect or be affected by the said Terms and Conditions. By facilitating any transaction carried out through this Website, the AGENT accepts that these Terms and Conditions apply to each and every transaction made.
In the event that J-Leisure fails to apply any of the stipulations set out in the previous points, under no circumstance shall this be deemed to be a waiver of said stipulation.
15.- Regulatory references
All regulatory references made in these Terms and Conditions are understood to have been made in observance of the regulation indicated herein, of the regulation that it is replaced by or by whichever regulation is in force at any time.
16.- Applicable laws and Jurisdiction
This Agreement and any non-contractual obligations arising out of or in connection with it will be governed by Singapore law.
Each party agrees that the courts of the country of domicile of the defendant of the relevant action have exclusive jurisdiction to determine any dispute arising out of or in connection with this Agreement (including in relation to any non-contractual obligations), provided that any counterclaims shall be ignored in deciding who is the defendant. Where there are separate but related actions the courts with jurisdiction shall be decided by the first of such actions to be issued. Each party irrevocably waives any right that it may have to object to an action being brought in such courts, to claim that the action has been brought in an inconvenient forum, or to claim that such courts do not have jurisdiction.
J-LEISURE CORPORATION PTE LIMITED
#44-02, One Raffles Place, Tower 1,
J-LEISURE ETRAVELINK CORPORATION
Unit 1701, Burgundy WestBay Tower
820, Pablo Ocampo Sr. Ave., Malate,
Metro manila, Philippines.
Email Address: email@example.com
Tel. No (Philippines).: +63-2-5253338
Tel. No. (Singapore):