Welcome to the Plan Track Travel website and mobile properties located at https://plantracktravel.com/ and applicable country top level domains including sub-domains associated with them and related software applications. All of these items shall be referred to herein as the “Website”. The services, functions and utilities provided by the Website will be referred to herein as the “Services”.
The Services are provided by Lopicraft Software S.L.U., an Spanish limited liability company located in Valencia, Spain. The terms “we”, “us”, “our” shall be construed accordingly. “Plan Track Travel” is a registered trademark property of Lopicraft Software S.L.U. Herein after, “Plan Track Travel” will be used to denote both, the Plan Track Travel trademark and the Lopicraft Software S.L.U. company.
The purpose of this Services is to assist in the travel planning of its users (hereinafter, the “Users”).
These terms and conditions apply exclusively to the relationship between Plan Track Travel and its Users.
BY COMPLETING THE REGISTRATION FORM (THE “REGISTRATION FORM”) WHICH EXPRESSES AN INTENT TO USE THE SERVICE, USERS AGREE TO HAVE READ AND UNDERSTOOD THE TERMS SET FORTH IN THIS TERMS OF USE, INCLUDING THE TERMS OF THE PRIVACY POLICY AS MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, THE “TERMS” AND USERS AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USE OF THIS SERVICE. THESE TERMS APPLY TO USERS’ ACTIVITY AND DEFINE USERS’ RIGHTS AND OBLIGATIONS UNDER CONTRACT. IF USERS DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE AND/OR ANY OF THE SERVICES PROVIDED BY LOPICRAFT.
Plan Track Travel shall never be understood as a tour operator, a travel agency, intermediary or a touristic service provider and is not subject to the application of any governing organized travel contracts and travel agency contracts. Users shall refrain from all acts/ communications that state otherwise, or could give such impression, towards both Users and third parties. The Services are not aimed nor directed to underage children.
1. THE SERVICES
1.1. Plan Track Travel offers a Website through which Users can organize and optimize their travel arrangements. In particular, Plan Track Travel will collaborate with Users in order to generate a travel plan to a destination chosen by the User, tailored by the User’s needs. The User shall provide Plan Track Travel with the dates of its travel, its destination and any other relevant information needed for the service. In this regard, Plan Track Travel shall assist the User with the scheduling of:
- Activities: Users will have the possibility to visualize different activities available at its destination. Users shall select any number of activities per day and Plan Track Travel shall collaborate in the organization and itineraries of the trip based on the User’s tastes and comforts. For this purpose, Plan Track Travel shall take into consideration the User’s location, preferences, budget and any other data introduced by the User for the designated trip.
- Accommodations: User may provide the address of his or her accommodation so that the User’s activities can be organized by virtue of that location.
- Meals: User may also organize his/her/its meals according to his/her/its tastes and budget, Plan Track Travel may suggest different restaurants based on the User’s preferences. It should be noted that Plan Track Travel shall not be responsible for the consequences that the User may suffer as a result of the meals eaten by the User subsequent to the planning of his/her/its trip.
- Flights, transportation, and any other reservation that may be needed for a travel planning.
Plan Track Travel shall not be responsible for any delay, change, cancellation, or any other modification of any of the reservations.
Plan Track Travel shall not be responsible for any harm, injury, accident, death or any other incident, damage or expenses occurred during any of the activities, accommodation, meals, flights, any other reservation scheduled with our Service or in general the entirety of the scheduled travel.
1.2 Complementary Services
1.2.1. Social Media: The User will be able to upload different kinds of different destinations to which he/she/it intends to go, so that Plan Track Travel can organize the trips based on those destinations, and best possible way. In this regard, the User warrants that he/she/it is authorized to share such content in the best possible way. The User will be able to upload different kinds of media to share destinations to which he/she/it intends to go, so that Plan Track Travel can organize the trips based on those destinations, in the best possible way. The User warrants that he/she/it is authorized to share such content in the best possible way. Plan Track Travel will not keep the tracks of the trips.
1.2.2. Trip Sharing
The User may decide to share its trip plan made by Plan Track Travel with third parties. By clicking on the corresponding button, the User’s trip plan will be shared with third party users. The User will be responsible for any information shared with third party users. The User warrants that he/she/it is authorized to share such content, and The User authorize these third-party users to access and view such information.
1.2.3. Use of IA
The User may decide to create and plan his/her trip using automated tools. These tools may use IA technology to create the travel in the best possible way. The User accepts the use of such tools and authorizes Plan Track Travel to send the needed User’s information to the IA model’s provider.
1.3. The User understands and accepts that the User is responsible for all the decisions he/she/it makes regarding the assigned schedule, since it is defined according to the User’s needs. The User shall be the one who decides to select the Activities, Hotels, Meals or any other reservation and shall have no claims against Plan Track Travel in this regard.
1.4. The Parties agree that the collaboration in the organization of the trip may only be carried out for a limited amount of days.
2. ACCESS AND REGISTRATION
In order to be a Plan Track Travel User and use the Services, it is essential that Users complete the following steps:
- Register.
- Agree to the Users Terms and Conditions.
- Agree to the Privacy Policy.
- Agree to the Cookies Policy.
2.2. Users warrant that all the information regarding its identity and capacity provided to Plan Track Travel is true, accurate and complete. In addition, Users undertakes to keep their details updated.
2.3. If a User provides any false, inaccurate or incomplete information, documentations or if Plan Track Travel considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Plan Track Travel may deny the User’s current or future access to, and use of, the Website or any of its contents and/or Services.
2.4. The User will be able to create an account in Plan Track Travel (the “Account”) through the different means available in the login page. He/She/It can use e-mail, Google Authenticator or any other means provided by Plan Track Travel.
2.5. Users undertake not to disclose the details of their Account or allow access thereto to third parties. Users shall be solely responsible for any use of such details that may be made by third parties, including for statements made on the Service or any other action carried out under their Account. Users must immediately inform Plan Track Travel if their Account is stolen, disclosed or lost.
3. BOOKING PROCESS
3.1. The User understands and accepts that in order to make reservations for Activities, Hotels Restaurants or any other reservation type available through the Service, the User shall do it through third-party websites (herein “third-party providers”). Notwithstanding the aforementioned, the User understands and accepts that if the User is referred to third party websites and/or platforms, the legal relationship will be established with such third parties and the User will have no claim against Plan Track Travel.
3.2. In this sense, the User understands and accepts that any reservations, cancellations or modifications of its Activities, Hotels, Meals or any other reservation type shall be carried out through such third parties. Plan Track Travel is not responsible for the reservation or cancellation of said Activities, Hotels, Meals or any other reservation type, since it is not part of is not part of its Services.
3.3. In this sense, the User understands and accepts that booking state, times, dates, schedules, meeting points or any other information related to an Activity, Hotel, Meal or any other reservation type is stablished and authored by these third parties. The information displayed by Plan Track Travel related to these is based on the User’s input, thus this information does not constitute any legal agreement. It is the responsibility of the User to keep this information updated in the Plan Track Travel Service. Plan Track Travel shall not be responsible for any discrepancy between the information provided by the third-party providers and the information displayed in the Plan Track Travel Service. Plan Track Travel shall not be responsible for any delay, change, cancellation, or any other modification of the information of any Activity, Hotel, Meal or any other reservation type made by the third-party providers. Plan Track Travel shall not be responsible for any loss, indemnification or any other claim that may result from the discrepancy of the information displayed in the Plan Track Travel Service and the information provided by the third-party provider.
4. WARRANTIES AND LIMITATION OF LIABILITIES
4.1. Plan Track Travel only provides Users with Website in order to offer the Services, and the corresponding booking channels, in order to collaborate with the optimization of the User’s travels.
4.2. The User knows and accepts that when carrying out operations with Plan Track Travel, the User does so at his/her/its own risk. In no event shall Plan Track Travel be liable for loss of profits, or for any other damage and/or harm that the User may have suffered, due to the Services provided through the Website.
4.3. Users claim to know that Plan Track Travel itself does not offer any User, tour or touristic services. That means only the User, and not Plan Track Travel in any way, is responsible for preparing, providing the necessary information about it’s Trip and holding it’s Trip properly.
The role of Plan Track Travel is limited to displaying the information about the User’s trips on the Website and facilitating the User to organize a trip. Plan Track Travel will have no liability with respect to the execution of the booked tours, hotels, restaurants or any other reservation type nor with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any User or for any personal injuries, death, property damage, or other damages or expenses resulting from the interactions the User will have with any third party. Plan Track Travel will have no liability in the event of any delay, cancellation, overbooking, strike, force manure or other causes beyond its direct control.
4.4. In the unlikely event that Plan Track Travel is found liable for any loss or damage that arises out of or is in any way connected with the use of the Website or its Services, the total liability of Plan Track Travel to the User, its liability will not exceed and is limited to the amount of One-Hundred US Dollars (USD 100).
5. USERS OBLIGATIONS
5.1. Users are fully responsible for the proper use of, and access to the Website and their account in accordance with the current legislation, national or international, of the country from which they are using the Website, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these Users Terms and Conditions.
5.2. Users shall refrain from using their account and other Website contents for illegal purposes or with illegal results that harm third-party rights and interests, or that may in any way damage, disable, affect or impair the Website and its contents and Services. In addition, they are prohibited from hindering other Users normal use or enjoyment of the Website.
5.3. Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Plan Track Travel will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
5.4. In general, Users undertake, for example but without limitation:
- To refrain from altering or modifying the Website, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or Services;
- To refrain from infringing industrial and intellectual property rights or the rules on personal data protection;
- To refrain from using the Website to insult, defame, intimidate or harass other Users or attacking their image;
- To refrain from accessing other Users’ e-mail accounts;
- To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Plan Track Travel’s or third parties’ contents or systems.
5.5. Any User may report another User if he/she/it believes that the latter is in breach of these Users Terms and Conditions. Similarly, any User may inform Plan Track Travel of any abuse or infringement of these terms. Plan Track Travel will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the Website for breach of these Users Terms and Furthermore, Plan Track Travel reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
6. INDEMNIFICATION
6.1. To the extent allowed under applicable law, the User agrees to defend, indemnify and hold Plan Track Travel harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses arising out of or relating to any of the following:
- Any breach or alleged breach by the User of the present Users Terms and Conditions, or the representations and warranties made in these Users Terms and Conditions or otherwise agreed between the parties;
- Any violation or alleged violation of applicable legal requirements by the User;
- Any claim by a User or a third party arising out of or relating to the preparation and the holding of the Activities, Hotels, Meals or any other reservation type, including but not limited to, any claims for personal injury, death, property damages or other damages or expenses resulting from the interactions the User will have with third parties;
- Any claim by a User or a third party arising out of or related to the information provided by the User to Plan Track Travel and displayed on the Website, inter alia if this information contains errors or shall be incomplete, inadequate or misleading (unless and only if it is due to the fault of Plan Track Travel in publishing the provided information);
- Any claim by a User or a third party in the event of any delay, cancellation, overbooking, strike, force manure or other causes beyond the direct control of Plan Track Travel;
- Any claim arising out of User’s misuse of User data, or any violation of an applicable data privacy law.
7. INTELLECTUAL PROPERTY
7.1. All Intellectual Property Rights from, in and to the Website and/or the Service and the content on the Website including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, system scripts, graphics, photos, sounds, music, videos, (source and object code), files, interface and trade secrets and the like, whether or not registered and Plan Track Travel trademarks, service marks and logos contained therein (collectively “Intellectual Property”), are solely owned by or licensed to Plan Track Travel, and subject to copyright and other Intellectual Property rights under applicable law. Except as provided herein, User is not granted, either expressly or by implication any license or right to use any of the Intellectual Property without the prior express written permission of Plan Track Travel.
7.2. Authorizing a User to access the Website does not imply the waiver, transfer, licensing or full or partial assignment by Plan Track Travel of any intellectual property rights. Deleting, bypassing or in any way tampering with the contents of the Plan Track Travel Website are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicizing, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Plan Track Travel Website for public or commercial purposes are also prohibited, save with Plan Track Travel’s express written authorization or, where applicable, that of the owner of the rights concerned.
7.3. Any User who shares any content of any kind through the Website asserts that he/she/it has the necessary rights to do so, releasing Plan Track Travel from any liability regarding the content and lawfulness of the information supplied. By providing content through the Website, Users assign to Plan Track Travel, free of charge and to the maximum extent permitted by the current legislation, the exploitation rights on the intellectual or industrial property arising from such content.
7.4. The User will be able, if he/she/it wishes, to inform his/her/its usernames of the social networks tiktok, Instagram and Facebook. Additionally, the User will have the possibility to send to Plan Track Travel, the tiktoks, reels, histories or publications that they make regarding the Service or use of the Service or trips that have been made under the organization predisposed by Plan Track Travel, with the purpose that Plan Track Travel can disclose such contents on its social networks and/or on the Website. The User authorizes the use of his/her/it’s personal image and/or contents by sending them to Plan Track Travel through the means that Plan Track Travel makes available for this purpose, without this giving rise to any claim against Plan Track Travel. Plan Track Travel is not obliged to use the content sent by the Users. If applicable, such content shall be used for a certain period of time, with the understanding that if the content remains in the Plan Track Travel feed of any social network, it shall not be understood that the content is being used.
The User must not take any action that would adversely affect the image and reputation of Plan Track Travel, or that would bring its ideals and objectives into dispute. Furthermore, Plan Track Travel shall have the right to require the exclusion of any element that may adversely affect its reputation or neutrality or may be inconsistent with its objectives, principles, policies or programs. The User shall not use the Plan Track Travel’s trademarks and logos for any use other than that set forth herein. The User shall refrain from using and/or requesting the registration of trademarks similar or identical to Plan Track Travel ‘s trademarks, anywhere in the world, without authorization from Plan Track Travel.
8. DATA PROTECTION
8.1. Plan Track Travel respects Users and Users privacy and is committed to protecting the personal and business information that User shares with it. Plan Track Travel believes the User has the right to know its practices regarding the information Plan Track Travel may collect when User hires the Service. Plan Track Travel’s policy and practices and the type of information collected, are described in the Privacy Policy.
8.2. Except in cases where the communication of personal data to a third party company is required to achieve the above mentioned purposes, Plan Track Travel shall refrain from divulging, selling, leasing or exchanging the personal data to any company or entity other than a company or entity affiliated to Plan Track Travel, without the prior explicit approval of the User.
9. FORBIDDEN ACTIVITIES
9.1. Users may not:
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Website and/or the Service in any way;
- Interfere with or disrupt the operation of the Website and/or the Service, or the servers or networks that host the Website and/or the Service or make the Website and/or the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers and/or networks;
- Interfere with or violate any other Users’ or Users right to privacy or other rights, or harvest or collect data and information about other User without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information;
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including Users and Users, or include such unlawful, hateful, obscene, indecent, or otherwise illegal content in the ads, banners banners and/or content posted, transferred or uploaded by Users on or through the Website and/or the Service.
10. MODIFYING THE TERMS AND CONDITIONS
10.1. Plan Track Travel reserves the right, at our discretion, to change these Terms and Conditions from time to time to reflect changes in our business, the Website or services, or applicable laws. For that purpose, Plan Track Travel will provide Users with thirty (30) days prior notice by notice in our Website. Plan Track Travel also may notify Users of the change by using contact information, email or other means. The revised Terms and Conditions will be effective as of the published effective date. In case Users using the using the Website or services after any changes, Users agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall deemed to confer any third-party rights or benefits. Users agree that Plan Track Travel shall not be liable to them or to any third-party for any modification, suspension, or discontinuance of its Website and/or service.
10.2. Plan Track Travel is constantly changing and improving the Services. Plan Track Travel may add or remove functionalities or features which may suspend or stop a Service altogether.
10.3. Users can stop using the Services at any time. Plan Track Travel may also stop providing Services to Users, or add or create new limits to their Services at any time.
10.4. Plan Track Travel believes that Users own their data and preserving their access to such data is important. If Plan Track Travel discontinues a Service, where reasonably possible, Plan Track Travel will give Users reasonable advance notice and a chance to get information out of that Service.
11. EXTERNAL WEBSITES
11.1. The Website may contain links to third-party applications or websites (“External Websites”). These links are provided only as a convenience to Users and not as an endorsement by Plan Track Travel of the content on such External Websites. When Users access an External Website, Plan Track Travel has no control control over its content, applications, or services. Plan Track Travel does not make any representations regarding the accuracy, quality, or accessibility of any External Website or its content or materials. Plan Track Travel will have no liability for any errors, omissions, violation of third-party rights or illegal conduct arising from such External Websites.
11.2. User thereby acknowledges that Plan Track Travel has no control over such External Websites, and User further acknowledges and agrees that Plan Track Travel is not responsible for the availability of External Websites, and does not endorse and is not responsible or liable for any services, content, advertisements, products, or materials on or available from External Websites. User further acknowledges and agrees that Plan Track Travel shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any External Websites. Most External Websites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always recommended to read such documents carefully. In any case, Plan Track Travel reserves the right to stop using any link at any time, at its own discretion.
12. CLAIMS AND QUESTIONS
12.1. At any time, Users will have the possibility to ask for help to the Plan Track Travel team.
13. FINAL PROVISIONS
13.1. The invalidity or illegality of a provision of the present Users Terms and Conditions shall not affect the other provisions of the present Users Terms and Conditions. Plan Track Travel and the User will agree provision with the same purpose, on the condition that the spirit and purpose of the present Users Terms and Conditions is affected as little as possible. Provisions of the present Users Terms and Conditions are severable, so that the remainder of the provisions are unaffected.
13.2. The present Users Terms and Conditions shall be governed by and construed in accordance with the laws of Valencia, Spain. Disputes between the parties, which could not be resolved amicably, will be adjudicated exclusively by the competent Courts of Valencia, Spain.
Date of these Users Terms and Conditions: 24/05/2024
