Terms
LEGAL NOTICE related to the use of the website of Al-Andalus Nerja Hotel.
The aim of this document is to regulate the RULES OF USE and to safeguard the PROTECTION OF THE USERS of www.hotelalandalusnerja.es, owned by Lorenzo Reche Alonso with address in C/ Siroco, 1, Nerja, Málaga, Spain. The terms “You” and “User” are used herein to refer to the individuals or entities that access for any reason this website.
LORENZO RECHE ALONSO aims through www.hotelalandalusnerja.es to present AL-ANDALUS NERJA HOTEL to the users, providing information related to its services.
1. GENERAL TERMS AND CONDITIONS AND THEIR ACCEPTANCE
These general terms and conditions (hereinafter, the “General Conditions”) regulate the use of this internet site www.hotelalanadalusnerja.es (hereinafter, the “Website”) that LORENZO RECHE ALONSO (hereinafter “AL-ANDALUS NERJA HOTEL”) has at the disposal of the internet users free of charge.
The use of this Website implies the condition of Website user (hereinafter the “User”) and the complete acceptance and without reservations of the General Conditions published by AL-ANDALUS NERJA HOTEL when accessing the Website. Therefore, the User should read carefully the General Conditions every time the User accesses the Website.
The use of certain services offered to the Users through this Website are subject to particular conditions which, depending on the case, may replace, complete and/or amend the General Conditions (hereinafter, the “Particular Conditions”).
Prior to the use of the abovementioned services, the User should also read carefully the Particular Conditions. The user of any service is subject to all notices, rules of use and instructions published by AL-ANDALUS NERJA HOTEL, which complete and do not differ from those included in the General Conditions.
2. AIM
Through the Website, AL-ANDALUS NERJA HOTEL facilitate the Users the access and use of the different services and contents that can be provided by AL-ANDALUS NERJA HOTEL, other third parties of the Website and/or third providers of services and contents (hereinafter, the “Services”).
AL-ANDALUS NERJA HOTEL reserves the right to modify without prior notice at any time the presentation and configuration of the Website as well as the Services and conditions required to use the Website and its Services.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1 Free-of-charge access and use of the Website. The presentation of the website by AL-ANDALUS NERJA HOTEL is free of charge for the Users and does not require a subscription or registration. However, the use of certain Services can only be done through a subscription and registration of the User and/or by a payment in the manner that is explained in the Particular Conditions.
3.2 Obligation of making a correct use of the Website and its Services. The User agrees to use the Website and its Services according to the current legislation, these General Conditions, as well as the morals, good customs generally accepted and the public order. Consequently, the User must not use this Website and its Services for any illegal purposes against the General Conditions or harmful purposes to the rights and interests of third parties, or for purposes that can damage, make unusable, overload or deteriorate in any way the Website and its Services, preventing the Users to use them normally.
3.3 Means to obtain Contents. The User must not obtain or try to obtain information, messages, graphics, designs, sound and image files, photos, recordings, software and , in general, any kind of material accessible in this Website through its Services (hereinafter, the “Contents”) using means or procedures different from those established for that purpose in the Website, where Contents may be included to that effect, or contents that may be normally used in the internet for this purpose as long as they will not damage the Website, its Services and/or Contents.
3.4 Correct use of the Contents. The User is obliged to use the Contents in a diligent, correct and licit manner and in particular, refuses:
To use the Contents with purposes against the current legislation, the morals, good customs generally accepted and the public order; to reproduce, distribute or allow access to the public through any means of communication, change or modify the Contents, unless not legally prohibited or if the User has the authorization of AL-ANDALUS NERJA HOTEL; to delete, avoid or manipulate the copyright and other identifying data of the rights of AL-ANDALUS NERJA HOTEL or owners included in the Contents, as well as the protection of technical devices, digital prints or any information that the Contents may include.
3.5 Introduction to the hyperlinks that allow the access to the pages of the Website and to the Services. The Users and, in general, those that intend to establish and hyperlink between a web page and the Website (hereinafter the “Hyperlink”) must comply with the following conditions:
The Hyperlink will only allow access to the pages of the Website but cannot reproduce them in any way. Hyperlinks will not be established with the pages of the Website only with the home page or first page of the Website or the Services. A browser or a border environment cannot be created using the pages of the Website. False, incorrect or imprecise manifestations or indications about the Website or its Services will not be permitted. In particular, it will not be allowed to declare that AL-ANDALUS NERJA HOTEL has authorised a Hyperlink or has supervised or assumed in any way the contents or services offered in the website where the Hyperlink has been established. Except for any signs that are part of the Hyperlink, the website on which this was established cannot contain any trademark, commercial name, logo, slogan or other distinctive signs belonging to AL-ANDALUS NERJA HOTEL. The website containing the Hyperlink cannot have illegal information or contents against the morals and good customs generally accepted, the public order or against any rights to third parties. The establishment of a Hyperlink does not imply the existence of relations between AL-ANDALUS NERJA HOTEL and the owner of the website containing the Hyperlink or the acceptance or approval by AL-ANDALUS NERJA HOTEL of its contents and services.
4. PERSONAL DATA
To use some of the Services, the Users must provide previously to AL-ANDALUS NERJA HOTEL certain personal data (hereinafter “Personal Data”). AL-ANDALUS NERJA HOTEL will treat automatically the Personal Data with the object and conditions specified in the Personal Data Protection Policy.
5. PERSONAL DATA RESPONSABILITY
The Users assume that AL-ANDALUS NERJA HOTEL is released from any responsibility in the event of introducing false, incorrect or out-of-date personal data. Similarly, AL-ANDALUS NERJA HOTEL will not be responsible for the declaration of real personal data by someone not associated with them.
6. EXCLUSIVE RESPONSABILITY OF THE USER FOR THE USE OF THE WEBSITE AND THE SERVICES
Users must be aware that they accept voluntarily that the use of the Website, the Services and Contents are solely subject to their own responsibility.
7. EXCLUSION OF GUARANTEES AND RESPONSABILITIES
7.1 Exclusion of guarantees and responsibilities for the functioning of the Website and the Services
7.1.1 Availability, continuity, usefulness and fallibility
AL-ANDALUS NERJA HOTEL does not guarantee the availability and continuity of the functioning of the Website and the Services. When reasonably possible, AL-ANDALUS NERJA HOTEL will warn previously of any interruptions in the functioning of the Website and the Services. Similarly, AL-ANDALUS NERJA HOTEL does not guarantee the usefulness of the Website and the Services to carry out any activity, its infallibility, the effective use by the Users of the Website and the Services, access to the pages of the Website or to those that provide the Services.
AL-ANDALUS NERJA HOTEL is not responsible for any damages caused due to the lack of availability and continuity of the functioning of the Website and the Services, due to the lack of accuracy that the Users may attribute to the Website and the Services and, in particular but not exclusively, due to the faults in the access to the pages of the Website or to those pages that provide the Services.
7.1.2 Privacy and security in the use of the Website and the Services. AL-ANDALUS NERJA HOTEL does not guarantee the privacy and the security in the use of the Website and the Services and, in particular, does not guarantee that unauthorised third parties cannot have knowledge of the type, conditions and characteristics and circumstance of the use of the Website and Services made by the Users.
AL-ANDALUS NERJA HOTEL is not responsible for any losses or damages that may be related to the knowledge that unauthorised third parties may have about the type, conditions, characteristics and circumstances of the use of the Website and Services by the Users.
7.2 Exclusion of the guarantees and responsibility regarding the Contents
7.2.1 Quality
AL-ANDALUS NERJA HOTEL does not control or guarantee the absence of viruses or other elements in the Contents, which can cause alterations in the Users’ IT system (software or hardware), or in electronics documents and files stored in the User’s IT system.
AL-ANDALUS NERJA HOTEL is not responsible for any losses or damages due to the presence of viruses or other elements in the Contents that may cause alterations in the User’s IT system, electronic documents and files.
7.2.2 Lawfulness, reliability and usefulness.
AL-ANDALUS NERJA HOTEL does not guarantee the lawfulness, reliability and usefulness of the Contents. AL-ANDALUS NERJA HOTEL is not responsible for the losses or damages of any nature that may be related to the transmission, distribution and storage when obtaining, receiving or accessing the Contents. Similarly, AL-ANDALUS NERJA HOTEL is not responsible for any losses or damages caused by the failure to fulfil the current legislation, morals, good customs and public order as a result of the transmission, distribution or storage when receiving or obtaining the Contents. AL-ANDALUS NERJA HOTEL is not responsible for the violation of the rights to intellectual and industrial property, business secrets, any contractual commitments, the right to honour, personal and family intimacy, image, rights to property or any rights of third parties as a result of the transmission, distribution or storage when receiving or obtaining the Contents.
In the same way, AL-ANDALUS NERJA HOTEL is not responsible for acts of unfair competition, illicit publicity as a result of the transmission, distribution or storage when receiving or obtaining the Contents. AL-ANDALUS NERJA HOTEL is not responsible for a lack of veracity, accuracy, thoroughness, suitability of the Contents and/or for updating them, or for any inadequate purposes or false expectations arisen from the Contents.
AL-ANDALUS NERJA HOTEL is not responsible for the failure to fulfil the obligations with third parties, the delay in their compliance, a defective compliance or termination for any reason of the obligations contracted by third parties and contracts made by third parties when accessing the Contents.
AL-ANDALUS NERJA HOTEL is not responsible for any bad habits or for any faults transmitted by the Contents as a result of their distribution or storage when accessing the Website or the Services.
7.2.3 Veracity, accuracy, thoroughness, suitability of the Contents and their updating
AL-ANDALUS NERJA HOTEL does not guarantee the veracity, accuracy, thoroughness, suitability of the Contents and their updating. AL-ANDALUS NERJA HOTEL is not responsible for any loss or damage of any type related to the veracity, accuracy, thoroughness, suitability of the Contents and their updating.
7.3 Exclusion of guarantees and responsibility for services provided by third parties through the Website.
7.3.1 Quality
AL-ANDALUS NERJA HOTEL does not control or guarantee the inexistence of viruses or other elements in the services provided by third parties through the Website that can cause changes in your computer system (software or hardware) or in the electronic documents and files stored.
AL-ANDALUS NERJA HOTEL is not responsible for the loss or damage of any nature due to the presence of viruses or other harmful elements in the services provided by third parties through the Website that can cause any changes to the computer system, electronic documents or files of the users.
7.3.2 Lawfulness, reliability and usefulness
AL-ANDALUS NERJA HOTEL does not guarantee the lawfulness, reliability and usefulness of the services provided by third parties through the Website. AL-ANDALUS NERJA HOTEL is not responsible for the loss or damage of any nature due to services provided by third parties through the Website.
Similarly, AL-ANDALUS NERJA HOTEL is not responsible for any loss or damage caused by the failure to fulfil the current legislation, morals, good customs and public order as a result of the services provided by third parties through the Website.
AL-ANDALUS NERJA HOTEL is not responsible for the violation of intellectual and industrial property rights, business secrets, contractual commitments of any type, the right to honour, personal and family intimacy, image, rights to property or any rights of third parties as a result of services provided by third parties through the Website.
In the same way, AL-ANDALUS NERJA HOTEL is not responsible for acts of unfair competition, illicit publicity as a result of services provided by third parties through the Website.
AL-ANDALUS NERJA HOTEL is not responsible for a lack of veracity, accuracy, thoroughness, suitability of the Contents stored, received or obtained by the use services of third parties through the Website.
AL-ANDALUS NERJA HOTEL is not responsible for the unsuitability of any purpose or for not fulfilling the expectations of services provided by third parties through the Website.
AL-ANDALUS NERJA HOTEL is not responsible for the inadequate purposes or false expectations arisen from the services provided by third parties through the Website.
AL-ANDALUS NERJA HOTEL is not responsible for the failure to fulfil the obligations of third parties, or for the delay in their compliance, or for a defective compliance or termination of the obligations of third parties or contracts made by third parties in relation to services provided by third parties through the Website.
AL-ANDALUS NERJA HOTEL is not responsible for any bad habits or for any faults due to the services provided by third parties through the Website.
7.4 Exclusion of guarantees and responsibilities for the information, contents and services outside the Website.
The Website provides the User with the technical elements such as links and banners, directories and search tools which allow access to websites of third parties (hereinafter the “Interlinked Websites”). The installation of these links, directories and search tools in the Website only aim to facilitate the user the search and access of information, contents and services available in the internet.
AL-ANDALUS NERJA HOTEL does not offer or commercialise by its own means or by third parties the information, contents and services available in the Interlinked Websites. AL-ANDALUS NERJA HOTEL does not own, control, approve or monitor the Interlinked Websites. Therefore, the User is responsible for evaluating and using the information, contents and services of the Interlinked Websites.
AL-ANDALUS NERJA HOTEL does not guarantee functioning, availability, accessibility and continuity of the Interlinked Websites.
AL-ANDALUS NERJA HOTEL is not responsible for the maintenance of the information, contents, and services of the Interlinked Websites.
AL-ANDALUS NERJA HOTEL is not responsible for the transmission or provision of the information, contents and services of the interlinked Websites.
AL-ANDALUS NERJA HOTEL is not responsible for the quality, reliability, lawfulness or usefulness of the information, contents and services provided by the Interlinked Websites.
7.5 Exclusion of guarantees and responsibilities for the use of the Website, Services and Contents by the User
AL-ANDALUS NERJA HOTEL is not responsible for the control and does not control the use of the Website, Services and Contents done by the User. AL-ANDALUS NERJA HOTEL does not guarantee that the User make an use of the Website, Services and Contents in accordance to the present Conditions and does not guarantee that the User uses the Website, services and Contents in a diligent and cautious manner.
AL-ANDALUS NERJA HOTEL is not obliged to verify and does not verify the identity of the User or the veracity, validity and authenticity of the data provided by the User.
AL-ANDALUS NERJA HOTEL is not responsible for the losses and damages of any nature that might be caused by how the User uses the Services and Contents or that might be caused by the veracity, validity and authenticity of the information that the User provides.
AL-ANDALUS NERJA HOTEL is not responsible for the possible losses and damages caused by the identity theft carried out by any User in any communication established through this Website.
8. NO LICENCE
AL-ANDALUS NERJA HOTEL does not provide any licence or authorization to use its rights of industrial and intellectual property or for any property or right related to the Website, Services and Contents.
9. REJECTION AND WITHDRAWAL OF ACCESS OF THE WEBSITE AND/OR SERVICES
AL-ANDALUS NERJA HOTEL has the right to reject and withdraw the access to the Website and/or Services at any time and without previous warning to the User that does not fulfil the present General and Particular Conditions.
10. PROCEDURES IN CASE IF ILLICIT ACTIVITIES
If a User or a third person considers that there are circumstances indicating the illicit nature of the use of any content or activities in the Website or there are suspicions of the violation of the right to the intellectual and industrial property (patents, models, designs, brands, commercial names, etc) or other rights, he/she should notify this to AL-ANDALUS NERJA HOTEL with the following information: name, address, telephone and email of the claimant; a description of the suspected activity carried out in the Website; when there is an issue with a suspected violation of the rights to the intellectual and industrial property, there must be a description of the protected contents that have been violated; a description of the facts or circumstances related to the possible illicit activity. In the event of a suspected violation of the personal data rights, there must be a description of the person or authorised person whose rights have been infringed.
All the above and the declaration of the claimant stating that the information provided is correct and describing the possible illicit nature of an activity should be sent to: Customer Service at C/ Siroco, 1 - 29787 , Nerja, Málaga, Spain or via e-mail: reservas@hotelalandalusnerja.es
11. DURATION AND TERMINATION
The provision of the Website and the Services have initially an indefinite duration.
However, AL-ANDALUS NERJA HOTEL is authorised to terminate or cancel the provision of the services of the Website and/or of any Services at any time without detriment to the present General and Particular Conditions. When possible, AL-ANDALUS NERJA HOTEL will warn previously of the termination or cancellation of the provision of the Website or the Services.
12. APPLICABLE LEGISLATION AND JURISDICTION
The present General Conditions of use of the Website are established under the Spanish law. To resolve an issue in relation to their validity, execution or resolution (total or partially), the parties involved are subject to the courts of the city of Málaga. This contract reflects a complete agreement between AL-ANDALUS NERJA HOTEL and the User.
The use of the Website confers the condition of User and implies the fully and openly acceptance of every regulation included in this Legal Notice.