Conditions of service

Terms and Conditions of Use.

 

These terms and conditions (hereinafter "Terms and Conditions") establish the conditions for the provision of the service and the relationships of rights and obligations between our company and all users (hereinafter "User") of our services. To use our services, you must read and accept these Terms and Conditions in their entirety.

 

Article 1, Application.

- These Terms and Conditions apply to all relationships related to the use of our services between our company and users, with the purpose of establishing the conditions for the provision of the service and the use of our services.

- Our company may establish other regulations on our website. These other regulations will be part of these Terms and Conditions, but in case of any discrepancy between these Terms and Conditions and other regulations, these Terms and Conditions will take precedence.

 

Article 2, Definitions.

- In these Terms and Conditions, the following terms shall have the following meanings:

  - "Service Usage Agreement" refers to the agreement for the use of our services entered into between our company and the User under the conditions set out in these Terms and Conditions.

  - "Intellectual Property Rights" refers to copyright, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to apply for these rights) in the broadest sense.

  - "Publication Data" refers to the content (including text, images, videos, and other data) that the User publishes or sends through our services.

  - "Our company" refers to Babenberg Studies.

  - "User" refers to individuals or entities registered as users of our services.

  - "Our services" refers to the services under the name "Babenberg Studies" provided by our company (including services with names or contents modified for any reason).

  - "Our website" refers to the website operated by our company (http://www.ecoturjapan.com), regardless of whether the domain or content of our website has changed for any reason.

 

Article 3, Content of Our Services.

- Our services aim to provide support and guidance to users planning to study in Spain at the Spain Hotel School Ecotur S.L. (CIF/NIF/NIE: B98629850. AVDA. ORXATA No 33. HOTEL OLYMPIA – 46120 VALENCIA. SPAIN), so they can have a safe and meaningful study experience from before their departure.

- Users can use our services within the validity of these Terms and Conditions and within the limits established by these Terms and Conditions.

- Our company does not provide any guarantee regarding the following:

  - That the usage environment is free from issues or obstacles due to the use of our services.

  - That our services are accurate and complete.

  - That our services operate continuously.

  - That our services are appropriate and useful for the User's objectives.

  - That our services comply with applicable laws, industry internal rules, and other standards related to the User.

 

Article 4, Modification of these Terms and Conditions.

- Our company may modify these Terms and Conditions as it deems necessary.

- Our company may make improvements, additions, or deletions to the specifications of our services without prior notice.

- If changes are made to these Terms and Conditions, our company will notify users of the timing of application and the content of the revised Terms and Conditions appropriately, such as by posting them on our website or notifying them to users.

 

Article 5, User Registration.

- Those wishing to use our services (hereinafter "Registration Applicants") can apply for registration for the use of our services by completing a form specified by us and providing certain information designated by us (hereinafter "Registration Data") in accordance with these Terms and Conditions, and sending it to us by email to the address we provide. Registration Applicants warrant that they will not include false information in the Registration Data.

- We will assess the suitability of the registration of Registration Applicants (hereinafter "Registration Applicants") who have submitted a registration application in accordance with paragraph 1, based on our criteria, and if we approve the registration, we will notify the Registration Applicant of the issuance of an invoice by us.

- Once we have confirmed the payment, a contract will be established between the User and us, and the User may use our services in accordance with these Terms and Conditions. Additionally, after confirming the payment, we will issue a receipt and a registration certificate to the User. If we believe that a Registration Applicant has violated any of the following clauses, we may reject their registration or re-registration without the need to disclose the reasons for our decision:

  - If the registration is done in a manner not specified by us.

  - If the Registration Data provided contains false, incorrect, or omitted information, either wholly or partially.

  - If they are already using a similar or related service to our services currently or intend to do so in the future.

  - If they are minors, incapacitated, under guardianship, or in a similar status and have not obtained the consent of their legal representative, guardian, custodian, or legal assistant.

  - If they are deemed to be related or involved in any way with antisocial forces, including yakuza organizations, yakuza members, extreme right-wing groups, antisocial forces, or similar.

  - If they have violated a previous contract with us or are related to someone who has.

  - If we consider that their registration is inappropriate for any other reason. Despite any adverse consequences the User may face due to not changing their Registration Data if it changes, we assume no responsibility.

Article 6, Password and User ID Management.

- The User is responsible for managing and maintaining their password and User ID properly in relation to our services and must not allow their use by third parties, lend them, transfer them, change their name, sell them, or perform any other similar act.

- We assume no responsibility for damages that the User may suffer due to improper management of the password or User ID, errors in use, or misuse by third parties.

 

Article 7, Fees and Payment Methods.

- We will establish the due date and payment methods for fees separately and announce them in a fee table or other means on our website and by email.

- The User shall pay the usage fees according to the payment methods specified by us and before the due date specified by us. Additionally, the User shall bear any additional fees or related expenses.

- The payment of fees for the 30-day, 90-day, and 1-year programs will be made in a single installment. Only for the 2-year program, we allow payment in two installments.

- If the User makes a deposit in a manner not specified by us, or if we cannot confirm the User's deposit due to the User's negligence or other reasons, or if the User or a third party suffers damages as a result, we will not assume any responsibility. If we cannot confirm the payment of all usage fees and other amounts that the User owes to us, we may suspend the User's use of our services. If, despite establishing a reasonable period and sending a notification to the User, the full payment of usage fees has not been made, etc., we may cancel the User's registration and terminate this contract. If the User delays the payment of usage fees, they shall pay us a late penalty of 14.6% per annum, regardless of whether we have sent a reminder or not. Regardless of the reason, we will not make refunds of fees paid by the User in relation to our services.

- If circumstances arise that require a change in usage fees due to business reasons, changes in laws, economic conditions, or other reasons, we may change the usage fees. We may revise usage fees without the consent of the User. Revised usage fees will apply upon contract renewal. If there are changes in usage fees, we will notify the User in a timely manner. We will not make refunds for any fees or payments related to our services.

 

Article 8, Refund After Contract Conclusion.

- After a contract has been concluded between the User and us, in principle, we cannot cancel the contract or refund usage fees, except in cases where a cancellation arises according to applicable laws, such as the Consumer Contract Act and the Specific Commercial Transactions Act. However, the 30-day and 90-day programs are non-refundable under any circumstances.

- In the event that the contract is canceled, and a refund is due to the User according to the preceding paragraph, we will refund to the User's designated Japanese bank account (however, a processing fee of ¥1,100, including taxes, will be deducted, and the User must bear any bank transfer fees). No transfers will be made overseas.

 

Article 9, Prohibitions.

- The User shall not perform or allow any of the following actions when using our services:

  - Any activity that violates the law or is related to criminal activities.

  - Fraud, defamation, slander, threats, or other similar acts towards us, other users of our services, or third parties.

  - Any activity that violates public morals.

  - Any activity that infringes on intellectual property rights, image rights, privacy rights, honor, or other rights or interests of us, other users of our services, or third parties.

  - Sending through our services information that we, in our judgment, consider to fall into any of the following categories or that may fall into them:

    - Information containing excessively violent or cruel expressions.

    - Information containing computer viruses or other harmful programs.

    - Information that denigrates the reputation or credit of us, other users of our services, or third parties.

    - Information containing excessively obscene expressions.

    - Information that promotes discrimination.

    - Information that promotes suicide or self-harm.

    - Information that promotes the misuse of drugs.

    - Information containing antisocial expressions.

    - Information soliciting the spread of information to third parties, such as chain emails.

    - Information containing expressions that are bothersome to others.

  - Any activity that overloads the network or system of our services.

  - Reverse engineering or other attempts to analyze our software or other systems.

  - Any activity that interferes with the proper functioning of our services or that may harm our reputation or credit, or that may have a negative impact on them, or that may have a negative impact on the proper functioning of our services.

  - Unauthorized access to our network or system, among others.

  - Impersonation of another person or entity.

  - Use of another user's ID or password.

  - Allowing a third party to use our services with their ID.

  - Advertising, promotion, solicitation, or commercial activity on our services without our prior authorization.

  - Collecting information from other users of our services.

  - Any activity that causes disadvantages, damages, or annoyance to us, other users of our services,

 

 or third parties.

  - Any activity that violates the rules related to the use of our services that we publish on our website.

  - Any activity that we deem inappropriate for the operation of our services for any reason.

  - Any activity related to, cooperates with, or participates in any way in the maintenance, operation, or management of antisocial forces, including the yakuza, yakuza members, extreme right-wing groups, antisocial forces, or others similar.

  - Any activity that promotes or seeks encounters with persons of the opposite sex without prior knowledge.

  - Any activity that directly or indirectly facilitates any of the aforementioned actions or makes them possible.

  - Any other activity that we deem inappropriate for the operation of our services.

 

Article 10, Measures in Case of Violation of These Terms and Conditions.

- If we consider that a User has violated these Terms and Conditions or is likely to do so, we may take any or all of the following measures against that User:

  - Warnings to the User.

  - Suspension or removal of service usage rights.

  - Claim for damages.

Article 11, Changes, Interruptions, and Termination of Our Services.

- We reserve the right to change, interrupt, or terminate our services at any time for business reasons, system overload, system malfunction, maintenance, changes in laws, natural disasters, unforeseen accidents, power outages, communication interruptions, unauthorized access, and other reasons. We will not assume any responsibility for damages caused to the User as a result of these changes, interruptions, or termination of our services.

- We will make every effort to notify the User in advance of changes or interruptions as stipulated in the preceding paragraph. In the event of service termination, we will announce the termination on the site at least 30 days in advance. However, this will not apply in cases of unavoidable emergencies.

 

Article 12, Property Rights.

- All intellectual property rights related to this website and this service are the exclusive property of our company or third parties to whom we have granted licenses. Permission to use this service according to these terms and conditions does not imply permission to use the intellectual property rights of our company or third parties to whom we have granted licenses related to this website or this service.

- The user declares and warrants that they have the necessary legal rights to publish and submit their publication data, and that this data does not infringe on the rights of third parties.

- The user grants our company a worldwide, non-exclusive, free, sublicensable, and transferable license to use, copy, distribute, create derivative works, display, and perform publication data in connection with this service. Additionally, the user grants other users a non-exclusive license to use, copy, distribute, create derivative works, display, and perform the publication data they have submitted through this service.

- The user agrees not to exercise moral rights against our company or against individuals to whom our company has granted rights or licenses.

 

Article 13, Termination of the Contract.

- Our company has the right to reject a support request or terminate the contract in the following cases:

  - If the user's age at the time of their trip is under 18 years.

  - If it is objectively not feasible to organize the trip, for example, if there is no available space in the school or study course desired by the user, etc.

  - If the user has entered into a contract with an educational institution through our company or by themselves.

  - If it is not possible to complete the procedures before the desired departure date by the user.

  - If our company considers that the user's history, past illnesses, or current health are inappropriate for participating in a study abroad program.

  - If the user does not make the necessary payment before the due date.

  - If the user does not pay the costs incurred during the extension of the study abroad period, course change, or extension of stay, among others.

  - If our company considers that the user is not suitable for any other reason.

 

Article 14, Termination by Mutual Agreement.

- Both our company and the user can terminate this service completely or partially through mutual agreement by a written document designated by our company.

 

Article 15, Record Deletion, etc.

- Our company has the right to temporarily suspend service usage or cancel the user's registration without notice if it is determined that the user falls into any of the following cases without notice. Our company is not obligated to disclose the reasons for this determination.

  - If the user violates any of the terms of this agreement.

  - If it is discovered that the user's registration information contains false information.

  - If the user is suspended from payments or insolvent, or if an application has been filed to initiate bankruptcy proceedings, civil rehabilitation, corporate rehabilitation, special liquidation procedures, or similar procedures.

  - If the user has not used the service for more than six months.

  - If there has been no response for more than 30 days to inquiries or other communications from our company.

  - If the user falls into any of the items in Article 9, Paragraph 5.

  - If the user falls into any of the above items, the user will automatically lose any right to maturity and must immediately pay any outstanding debt to our company.

  - Our company assumes no responsibility for damages suffered by the user due to measures taken by our company in accordance with this article.

 

Article 16, User Withdrawal.

- The user can withdraw from the service and delete their user registration by completing the procedure designated by our company.

- In case the user has outstanding debts to our company upon withdrawal, the user will automatically lose any right to maturity and must immediately pay any outstanding debt to our company.

 

Article 17, Disclaimer and Limitation of Liability.

- Our company does not guarantee that the service complies with a specific user's purpose, has specific features, merchantable value, accuracy, usefulness of the products, or any other matter related to the service according to applicable laws or industry rules.

- Our company will not be responsible for any damages suffered by the user in connection with the use of the service, except in cases where our company has malicious intent or gross negligence.

- Any transaction, communication, or dispute between the user and other users or third parties in connection with the service will be the sole responsibility of the user and will be resolved at their own risk.

- Our company assumes no responsibility for damages caused by any of the following reasons:

  - Natural disasters, wars, riots, strikes, bankruptcies, or acquisitions of foreign educational institutions, failure to open

 

 scheduled courses, changes in content, conditions, or costs, circumstances where the user cannot be accepted for reasons beyond our company's control, such as denial of entry to the destination country, or denial of visa.

  - Violations of laws and regulations, school rules, or other reasons related to denial of entry to the destination country, deportation from the destination country, denial of admission, expulsion from school, among others.

Article 18, Dispute Resolution and Compensation for Damages.

- If the user causes damages to our company in connection with the use of the service, the user must compensate our company for such damages.

- If the user receives a complaint from third parties or has a dispute with third parties in connection with the service, the user must immediately notify our company and, at their own cost and responsibility, resolve such complaint or dispute, and notify our company about the progress and outcome of such complaint or dispute.

- If our company receives a complaint from a third party or has a dispute with a third party in connection with the user's use of the service, the user must, at their own cost and responsibility, resolve such complaint or dispute, and notify our company about the progress and outcome of such complaint or dispute, and compensate our company for the amounts that our company had to pay.

- Our company will not be responsible for damages suffered by the user in connection with the use of the service, except in cases where our company has malicious intent or gross negligence.

- If our company is obligated to pay compensation to the user due to liability arising from the provision of the service, the extent of the compensation will be limited to the actual damages suffered by the user up to the date when the damages were incurred, and the amount of compensation will be limited to the total amount of the usage fee paid by the user to our company up to the date when the damages were incurred. Additionally, this clause will apply to all claims, including breach of contract, warranty, obligation to restore to the original state, unjust enrichment, torts, and any other claims.

 

Article 19, Confidentiality.

- The user will not use or disclose non-public information designated as confidential by our company unless they have the prior written consent of our company or when necessary for the purpose of disclosure.

 

Article 20, User Information Handling.

- The handling of user information by our company is governed by our privacy policy, which can be found at [link to the privacy policy on the website].

- Our company may use the information and data provided by the user to create statistical information that does not allow the identification of the individual and that can be used and disclosed at the discretion of our company.

 

Article 21, Communication/Notifications.

- Our company's communication to the user will be in writing, by email, or by posting on the website of this service. If communication is done by email or by posting on the website of this service, it will be considered to have reached the user at the time of online delivery.

- The user will communicate with our company through the designated inquiry form or by email to the designated inquiry email address. Our company will not respond to inquiries other than through the designated inquiry form or the designated inquiry email address.

 

Article 22, Transfer of Position in the Contract, etc.

- The user may not transfer, assign, guarantee, or otherwise dispose of their position in the contract or their rights or obligations under this agreement to third parties without the prior written consent of our company.

- If our company transfers the business related to this service to another company, our company may transfer its position in the contract, rights, and obligations under this agreement, and user registration information and other customer information to the receiving entity of the business transfer. The user gives their prior consent to such transfer. Additionally, this clause applies to all cases of business transfer, including not only the transfer of normal business but also the division of the company, among others.

 

Article 23, Entire Agreement.

- This agreement constitutes the entire agreement between the parties concerning the subjects of the agreement between the parties and prevails over any prior agreement, representation, and understanding between the parties regarding the subjects of the agreement between the parties, whether written or oral.

 

Article 24, Severability.

- If any provision of this agreement or part of it is declared invalid or unenforceable under applicable law or industry rules, the remaining provisions of this agreement or part of them will remain valid and enforceable to the fullest extent permitted by law.

Article 25, Arbitration Subject.

- Any dispute arising from the interpretation of this agreement will be resolved through good-faith consultations between our company and the user.

 

Article 26, Applicable Law and Jurisdiction.

- This agreement and the service usage contract will be governed by the laws of Japan.

- Any dispute related to this agreement or the service usage contract will be subject to the exclusive jurisdiction of the District Court of Osaka as the court of first instance.

 

Effective Date: January 2023

Revised Date: March 2023

 

Quality Policy.

 

The following policy represents our fundamental principles of quality:

 

1. Financial Stability: We ensure the future of our organization, our staff, and collaborators through financial stability.

2. Customer-Oriented Services: We execute customer-oriented services at all levels of the organization.

3. Appropriate Solutions: We propose and address suitable solutions for our customers.

4. Continuous Improvement: We continuously seek improvements at all levels of the organization with the goal of providing stable quality.

5. Service Improvement Programs: We develop service improvement programs considering quality and services to meet customer expectations, complying with regulations and laws.

6. Technological Innovation: We leverage all technological innovations to capitalize on market opportunities.

7. Non-Conformity Reduction: We reduce non-conformities.

8. Preventive Approach: We establish policies and actions aimed at preventing and resolving problems rather than detecting them.

9. Employee and Collaborator Engagement: We support, encourage, involve, and collaborate with our staff and collaborators to achieve our objectives.

10. Continuous Training: We establish a continuous training program to ensure the availability of highly qualified management personnel, including company leadership.

11. Customer Relationship: We strive to maintain long-term relationships with customers for continuous cooperation, joint efforts in continuous service improvement, and customer satisfaction assessments.

12. Optimization of Processes: We continually optimize the overall processes of the organization through selective and continuous growth, aiming for lasting success.

 

The management ensures that plans and resources necessary to achieve the objectives set in the Quality Policy of HOTEL ESCUELA ECOTUR are secured.

 

The Ecotur Japan website is owned by Babenberg Studies, acting as a distributor of products provided by Hotel Escuela Ecotur S.L. It is not responsible for information or content related to these products. All product claims must be processed directly through Hotel Escuela Ecotur S.L. using the provided contact information:

 

Hotel Escuela Ecotur S.L.

- CIF/NIF/NIE: B98629850

- Avda. ORXATA No. 33, Hotel Olympia-46120 Valencia.

- Registered in the Commercial Register of Valencia, Volume 9787, Book 7069, Folio 152, Sheet V-159296, Entry 1.

- Phone: 9602135820

- Email: info@ecoturvalencia.com

 

Babenberg Studies' role is to manage applications and promotional services for students with the aim of increasing the sales of products from Hotel Escuela Ecotur S.L. in Japan.