Legal Advice
LEGAL ADVICE
This Legal Disclaimer regulates the use of the service of the Internet portals www.posadasdeespana.com, www.posadasdeespanapinto.com, www.posadasdeespanapaterna.com, www.posadasdeespanamalaga.com, www.posadasdeespanacartagena.com and www.posadasdeespanaensenada.com.
The aim of this document is to regulate the STANDARDS FOR USE and to safeguard the PROTECTION OF USERS of those portals property of POSADAS DE ESPANA S.A. (from hereinafter POSADAS DE ESPANA), addressed at C/ Jorge Juan, 9. 28001 Madrid - Spain. The terms “You” and “User” are used here to refer to all the individuals and/or entities that for any reason access this web portals.
The users of www.posadasdeespana.com together with their other addresses www.posadasdeespanapinto.com; www.posadasdeespanapaterna.com; www.posadasdeespanamalaga.com; www.posadasdeespanacartagena.com and www.posadasdeespanaensenada.com guarantee and respond, in any case, for the veracity, exactness, validity and authenticity of the Personal Data provided and undertake to maintain them duly updated.
1.- GENERAL CONDITIONS AND THEIR ACCEPTANCE.
The use of the Portals attributes the condition as user of the Portals (from hereinafter the “User”) and expresses the Users full acceptance, without reserves, of each and every one of the General Conditions in the version published by POSADAS DE ESPAÑA at the time when the User accesses the Portals. As a result, the User must carefully read the General Conditions on every occasion when they intend to use the Portals.
The use of certain service offered to Users through the Portasl is subject to individual conditions, which, depending on the cases, replace, complete and/or modify the General Conditions (from hereinafter “Individual Conditions”).
Prior to the use of these services, therefore, the User must also carefully read the relative Individual Conditions. In addition, the use of the Service is subject, likewise, to all the warnings, regulations for use and instructions that the User is informed about by POSADAS DE ESPAÑA, which complete that provided for in these General Conditions insofar as they do not oppose the latter.
2.- AIM.
Through the Portals, POSADAS DE ESPAÑA provides Users with access and use of different services and contents placed at the disposal of Users by POSADAS DE ESPAÑA or by third party users of the Portals and/or third party service and content providers (from hereinafter, the “Services”).
POSADAS DE ESPAÑA reserves the right to unilaterally modify, at any time and without prior warning, the presentation and configuration of the Portals, as well as the Services and conditions required to use the Portals and the Services.
3.-CONDITIONS FOR ACCESS AND USE OF PORTALS
3.1. Free access and use of the Portals
The Portals service provided by POSADAS DE ESPAÑA is free of charge for Users and does not require any prior registration by the User. However, some Services can only be used after the User has registered and/or paid a price, in the way that is expressly indicated in the relative Individual Conditions.
3.2 User Registration
POSADAS DE ESPAÑA reserve some of the services offered through the portals to subscribers, by filling in the registration of users of the portals, available to users who wish to register. However, POSADAS DE ESPAÑA offers users use certain services which requires the completion of additional records for users. In both cases, you agree to select, use and maintain your user name (the "login") and password (the "password") (hereinafter jointly and the "key") in accordance as provided in clauses 3.2.1. and 3.2.2 of the General Conditions.
3.2.1 Assignment of the Access Keys
Users will choose and indicate their own Access Keys. Users may not choose rude or abusive words, expressions or graphic-denominative units, coinciding with brands, commercial names, shop signs, registered names, advertising expressions, names and pseudonyms of public persons or famous persons, for which the users have not been authorised to use, and in general, any words that are contrary to law or to the requirements of morality and generally accepted good customs. The Access keys are assigned automatically and the only criterion used for this purpose is that no previous Access Keys exist that are identical to those chosen by the User. If the User does not elect any, the Access Keys will automatically be assigned by POSADAS DE ESPAÑA. In this case, the User may change them at any time for any others, always in agreement with that provided for in the previous paragraph.
3.2.2 Use and custody
The User undertakes to make conscientious use of the Access Keys, as well as not to place their Access keys at the disposal of third parties. The User undertakes to inform POSADAS DE ESPAÑA as soon as possible of the loss or theft of the Access keys as well as any risk of access to them by a third party.
3.3. Obligation to make correct use of the Portals and of the Services
The User undertakes to use the Portals and the Services in agreement with the law, these General Conditions, as well as with morality and generally accepted good customs and public order. The User undertakes to abstain from using the Portals and the Services for illicit purposes or effects, contrary to that established in these General Conditions, which are damaging to the rights and interests of third parties, or which in any way may damage, render useless, overload or deteriorate the Portals and the Services or prevent the normal use or enjoyment of the Portals and of the Services by the Users.
3.4. Means to obtain Contents
The User must abstain from obtaining and even trying to obtain information, message, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any type of material that can be accessed through the Portals or the Services (from hereinafter, the “Contents”) using different means or procedures than those which, depending on the cases, have been placed at their disposal for this purpose or which have been indicated for this purpose on the WebPages where the Contents are found, or in general, than those which are normally used on the Internet for this purpose providing that they do not entail any risk of damaging or rendering the Portals, the Services, and/or the Contents useless.
3.5. Correct use of the Contents
The User undertakes to use the Contents conscientiously, correctly and legally and in particular, to abstain from
- using the Contents for purposes and effects contrary to law, to morality and generally accepted good customs or to public order;
- reproduce or copy, distribute, permit access of public through any public communication modality, transform or modify the Contents, unless they have authorisation from the owner of the relative rights or this has been legally permitted;
- eliminate, avoid or manipulate the copyright and other data that identify the rights of POSADAS DE ESPAÑA or of the owners incorporated into the Contents as well as the technical protection devices, digital prints or any information mechanism that the Contents may contain.
3.6. Introduction of hyperlinks that permit access to the web pages of the Portals and to the Services
The Users and, in general, those people who set out to establish a hyperlink between their web page and the Portals (from hereinafter the “Hyperlink”) must satisfy the following conditions:
- the Hyperlink will only permit access to the web pages of the Portals, but it may not reproduce them in any way;
- no hyperlinks will be established with different web pages of the Portals other than the homepage of the Portals or of the Services;
- no browser or border environment will be created on the web pages of the Portals;
- no false, inexact or incorrect statements or indications will be made about the web pages of the Portals and the Service, and, above all, no declarations will be made or implied that POSADAS DE ESPAÑA has authorised the Hyperlink or that it has supervised or assumed in any way the contents or services offered or placed at the disposal of the web page where the Hyperlink is established:
- apart from those signs that form part of this Hyperlink, the Web page where the Hyperlink is established will not contain any brand, commercial name, shop sign, name, logotype, slogan or other distinguishing signs belonging to POSADAS DE ESPAÑA;
- the Web page where the Hyperlink is established will not contain illegal contents or information, contrary to morality and generally accepted good customs or public order. It will not contain contents contrary to any third-party rights, either. Establishing a Hyperlink does not imply, in any case, the existence of relations between POSADAS DE ESPAÑA and the owner of the Web page where it is established, nor the acceptance or approval by POSADAS DE ESPAÑA of its contents or services.
4.- PERSONAL DATA
To use some of the Services, the Users must previously provide POSADAS DE ESPAÑA with certain personal data (from hereinafter, the “Personal Data”). POSADAS DE ESPAÑA will automatically process the Personal Data for the purposes and under the conditions defined in its Data Protection Policy (PRIVACY POLICY).
5.- RESPONSIBILITY FOR ENTERING PERSONAL DATA
The Users assume that POSADAS DE ESPAÑA will be absolved of all responsibility for incorporating inexact, false, non-updated data, or data that in general are not conforming to reality. Likewise, POSADAS DE ESPAÑA will be absolved of all responsibility for the declaration of real data by people not associated with them.
6.- USE OF THE PORTALS, OF THE SERVICES AND OF THE CONTENTS UNDER THE EXCLUSIVE RESPONSIBILITY OF THE USER.
The User is conscious and voluntarily accepts that the use of the Portals, of the Services and of the Contents takes places, in any case, under their sole and exclusive responsibility.
7.- EXCLUSION OF GUARANTEES AND OF RESPONSIBILITY
7.1. Exclusion of guarantees and responsibility due to the operation of the Portals and of the Services.
7.1.1. Availability and continuity, utility and fallibility
POSADAS DE ESPAÑA does not guarantee the availability and continuity of the operation of the Portals and of the Services. When it is reasonably possible, POSADAS DE ESPAÑA will previously warn of interruptions in the operation of the Portals and of the Services. POSADAS DE ESPAÑA does not guarantee, either, the use of the Portals and of the Services for carrying out any activity in particular, nor its infallibility and, above, all, although not exclusively, that the Users can effectively use the Portals and the Services, access the different web pages that make up the Portals or those pages from which the Services are rendered.
POSADAS DE ESPAÑA EXCLUDES ANY RESPONSIBILITY FOR DAMAGE OF ANY NATURE THAT MIGHT BE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PORTALS AND OF THE SERVICES, TO THE FRAUD OF THE USE THAT THE USERS MIGHT HAVE BEN ABLE TO ATTRIBUTE TO THE PORTALS AND TO THE SERVICES, TO THE FALLIBILITY OF THE PORTALS AND OF THE SERVICES, AND ABOVE ALL, ALTHOUGH NOT EXCLUSIVELY, TO ANY FAILURES IN THE ACCESS TO THE DIFFERENT WEB PAGES OF THE PORTALS OR TO THOSE FROM WHICH THE SERVICES ARE RENDERED.
7.1.2. Privacy and security in the use of the Portals and of the Services
POSADAS DE ESPAÑA does not guarantee the privacy and security of the use of the Portals and of the Services and, in particular, does not guarantee that unauthorised third parties may not be informed of the class, conditions, characteristics and circumstances of the use that the Users make of the PortalS and of the Services.
POSADAS DE ESPAÑA DISCLAIMS ANY LIABILITY FOR DAMAGES OF ANY NATURE which may be due to the knowledge that third parties may gain unauthorized CLASS, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF DRUG USERS TO MAKE THE SITE AND SERVICES.
7.2. Exclusion of guarantees and responsibilities for the Contents
7.2.1. Quality
POSADAS DE ESPAÑA does not control or guarantee the absence of virus or of other elements in the Contents that might cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system.
POSADAS DE ESPAÑA DISCLAIMS ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE PRESENCE OF VIRUSES OR OTHER ELEMENTS IN THE PRESENCE OF THE CONTENTS that may lead to alterations in the computer system, electronic documents or files from users.
7.2.2. Legality, reliability and utility
POSADAS DE ESPAÑA does not guarantee the legality, reliability and utility of the Contents. POSADAS DE ESPAÑA EXCLUDES ANY RESPONSIBILITY FOR DAMAGE OF ANY NATURE THAT MIGHT BE DUE TO THE TRANSMISSION, DISSEMINATION, STORAGE, DISPOSAL, RECEIPT, OBTAINING OR ACCESS TO CONTENTS, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGE THAT MIGHT BE DUE TO
- FAILURE TO COMPLY WITH THE LAW, MORALITY AND THE GENERALLY ACCEPTED GOOD CUSTOMS OR PUBLIC ORDER AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, DISPOSAL, RECEIPT, OBTAINING OR ACCESS TO THE CONTENTS;
- INFRINGEMENT OF THE INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, OF BUSINESS SECRETS, OF CONTRACT COMMITMENTS OF ANY KIND, OF RIGHTS TO HONOUR, TO PERSONAL AND FAMILY PRIVACY AND TO THE IMAGE OF PEOPLE, OF COPYRIGHT AND OF ANY OTHER NATURE BELONGING TO A THIRD PARTY, AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, DISPOSAL, RECEIPT, OBTAINING OR ACCESS TO THE CONTENTS;
- CARRYING OUT ACTS OF UNFAIR COMPETITION AND ILLEGAL PUBLICITY AS A RESULT OF THE TRANSMISSION, DISSEMINATION, STORAGE, DISPOSAL, RECEIPT, OBTAINING OR ACCESS TO THE CONTENTS;
- THE LACK OF VERACITY, EXACTNESS, THOROUGHNESS, RELEVANCE AND/OR TOPICALITY OF THE CONTENTS;
- THE INAPPROPRIATENESS FOR ANY KIND OF PURPOSE AND THE FRAUD OF THE EXPECTATIONS GENERATED BY THE CONTENTS;
- FAILURE TO COMPLY, DELAY IN COMPLIANCE, FAULTY COMPLIANCE OR DISCHARGE FOR ANY REASON OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND CONTRACTS MADE WITH THIRD PARTIES THROUGH OR ON THE OCCASION OF THE ACCESS TO THE CONTENTS;
- VICES AND DEFECTS OF ANY KIND OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, DISPOSED OR IN ANY OTHER WAY TRANSMITTED OR DISPOSED, RECEIVED, OBTAINED OR WHICH HAVE BEEN ACCESSED THROUGH THE PORTALS OR THE SERVICES.
7.2.3. Veracity, exactness, thoroughness and topicality
POSADAS DE ESPAÑA does not guarantee the veracity, exactness, thoroughness and topicality of the Contents. POSADAS DE ESPAÑA EXCLUDES ANY RESPONSIBLE FOR DAMAGE OF ANY NATURE THAT MIGHT HAVE BEEN DUE TO THE LACK OF VERACITY, EXACTNESS, THOROUGHNESS AND/OR TOPICALITY OF THE CONTENTS.
7.3. Exclusion of guarantees and of responsibility for the services rendered by third parties through the Portals
7.3.1. Quality
POSADAS DE ESPAÑA does not control or guarantee the absence of virus or of other elements in the Contents that might cause alterations in your computer system (software and hardware) or in the electronic documents and files stored in your computer system. POSADAS DE ESPAÑA EXCLUDES ANY RESPONSIBILITY FOR DAMAGE OF ANY NATURE THAT MIGHT BE DUE TO THE PRESENCE OR VIRUS OR TO THE PRESENCE OF OTHER HARMFUL ELEMENTS IN THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS THAT MIGHT PRODUCE ALTERATIONS IN THE USERS, COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS OR FILES.
7.3.2. Legality, reliability and utility
POSADAS DE ESPAÑA does not guarantee the legality, reliability and utility of the services rendered by third parties through the Portals. POSADAS DE ESPAÑA EXCLUDES ANY RESPONSIBILITY FOR DAMAGE OF ANY NATURE THAT MIGHT BE DUE TO THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGE THAT MIGHT BE DUE TO
- FAILURE TO COMPLY WITH THE LAW, MORALITY AND THE GENERALLY ACCEPTED GOOD CUSTOMS OR PUBLIC ORDER AS A RESULT OF THIRD PARTIES RENDERING SERVICES THROUGH THE PORTALS;
- INFRINGEMENT OF THE INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, OF BUSINESS SECRETS, OF CONTRACT COMMITMENTS OF ANY KIND, OF RIGHTS TO HONOUR, TO PERSONAL AND FAMILY PRIVACY AND TO THE IMAGE OF PEOPLE, OF COPYRIGHT AND OF ANY OTHER NATURE BELONGING TO A THIRD PARTY, AS A RESULT OF THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS;
- CARRYING OUT ACTS OF UNFAIR COMPETITION AND ILLEGAL PUBLICITY AS A RESULT OF THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS;
- THE LACK OF VERACITY, EXACTNESS, THOROUGHNESS, RELEVANCE AND/OR TOPICALITY OF THE CONTENTS TRANSMITTED, DISSEMINATED, STORED, RECEIVED, OBTAINED, MADE AVAILABLE OR ACCESSIBLE BY MEANS OF THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS;
- THE INAPPROPRIATENESS FOR ANY KIND OF PURPOSE AND THE FRAUD OF THE EXPECTATIONS GENERATED BY THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS;
- FAILURE TO COMPLY, DELAY IN COMPLIANCE, FAULTY COMPLIANCE OR DISCHARGE FOR ANY REASON OF THE OBLIGATIONS CONTRACTED BY THIRD PARTIES AND CONTRACTS MADE WITH THIRD PARTIES THROUGH OR ON THE OCCASION OF THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS;
- VICES AND DEFECTS OF ANY KIND OF THE SERVICES RENDERED BY THIRD PARTIES THROUGH THE PORTALS
7.4. Exclusion of guarantees and of responsibility for information, contents and services housed outside the Portals
The Portals places at the disposal of the Users technical link devices (such as, among others, links, banners, buttons), search tools and directories that permit Users to access websites belonging to and/or managed by third parties (from hereinafter, “Linked sites?”). The installation of these links, search tools and directories in the Portals is solely aimed at making it easier for users to search for and access information, contents and services available on the Internet. POSADAS DE ESPAÑA does not offer or market per se or through third parties, the information, contents and services available in the Linked sites, nor does it previously control, approve, watch over or take ownership of them. The User, therefore, must be cautious when evaluating and using the information, contents and services existing in the Linked Sites.
POSADAS DE ESPAÑA DOES NOT GUARANTEE OR ASSUME ANY TYPE OF RESPONSIBILITY FOR DAMAGE OF ANY KIND THAT MIGHT BE DUE TO
- THE OPERATION, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES:
- THE MAINTENANCE OF THE INFORMATION, CONTENTS AND SERVICES, EXISTING IN THE LINKED SITES;
- THE SUPPLY OR TRANSMISSION OF INFORMATION, CONTENTS AND SERVICES EXISTING ON THE LINKED SITES;
- THE QUALITY, LEGALITY, RELIABILITY AND UTILITY OF THE INFORMATION, CONTENTS AND SERVICES EXISTING IN THE LINKED SITES, UNDER THE SAME TERMS AND WITH THE SAME SCOPE STIPULATED IN THE GENERAL CONDITION.
7.5. Exclusion of guarantees and of responsibility for the use of the Portals, of the Services and of the Contents by the Users
POSADAS DE ESPAÑA is under no obligation to control and it does not control the use that Users make of the Portals, of the Services and of the Contents. Above all, it does not guarantee that the Users will use the Portas, the Services and Contents in agreement with these General Conditions and, when appropriate, the Individual Conditions that might be applicable, nor at they will make use of them conscientiously and prudently.
POSADAS DE ESPAÑA is under no obligation to control and it does not control the use that Users make of the Portals, of the Services and of the Contents. Above all, it does not guarantee that the Users will use the Portals, the Services and Contents in agreement with these General Conditions and, when appropriate, the Individual Conditions that might be applicable, nor that they will make use of them conscientiously and prudently.
POSADAS DE ESPAÑA EXCLUDES ANY RESPONSIBILITY FOR DAMAGE OF ANY KIND THAT MIGHT BE DUE TO THE USE OF THE SERVICES AND OF THE CONTENTS BY USERS OR THAT MIGHT BE DUE TO THE LACK OF VERACITY, VALIDITY, THOROUGHNESS AND/OR AUTHENTICITY OF THE INFORMATION THAT THE USERS PROVIDE OTHER USERS ABOUT THEMSELVES AND, ABOVE ALL, ALTHOUGH NOT EXCLUSIVELY, FOR THE DAMAGE OF ANY KIND THAT MIGHT BE DUE TO THE SUPPLANTATION OF THE PERSONALITY OF A THIRD PERSON MADE BY A USER IN ANY KIND OF COMMUNICATION MADE THROUGH THE PORTALS.
8.- NON LICENCE
POSADAS DE ESPAÑA does not grant any licence or authorisation of use of any kind over their industrial and intellectual property rights or over any other property or right related to the Portals, the Services or the Contents.
9.- REFUSAL AND WITHDRAWAL OF ACCESS TO THE PORTALS AND/OR TO THE SERVICES
POSADAS DE ESPAÑA reserves the right to refuse or withdraw access to the Portals and/or Services, at any time and without having to warn those Users who fail to comply with these General Conditions or any applicable Individual Conditions, in advance.
10.- PROCEDURE IN THE CASE OF CARRYING OUT ILLEGAL ACTIVITIES.
If any User or a third party considers that there are facts or circumstances that disclose the illegal nature of the use of any content and/or the execution of any activity on the web pages included in or accessible through the Portals, and, above all, of the violation of intellectual or industrial property rights (patents, models and industrial drawings, brands and commercial names, etc.) or other rights, they must send a notification to POSADAS DE ESPAÑA, which will include the following points:
- personal data: name, address, telephone number and e-mail address of the claimant;
- specification of the supposed illegal activity carried out on the Portals and, above all, when it is a case of supposed violation of rights, the exact and specific indication of the protected contents as well as of their location on the web pages;
- facts or circumstances that disclose the illegal nature of this activity;
- in the case of violation of rights, authentic signature or equivalent, with the personal data of the owner of the right supposedly infringed or of the person authorised to act on their behalf;
- express, clear declaration and under the claimants responsibility that the information provided in the notification is exact and of the illegal nature of the use of the contents or of the execution of the activities described. These notifications must be sent to: Customer Service, Address: C/ Jorge Juan, 9. 28001 Madrid Tel: 91 577 17 35 e-mail: central@posadasdeespana.com
11.- DURATION AND TERMINATION
The Portals service and any other Services will be rendered, in principle, for an indefinite time. However, POSADAS DE ESPAÑA is authorised to terminate or suspend the rendering of the Portals service and/or of any of the Services at any time, without detriment to what might be provided for in this regard in the relative Individual conditions. When this is reasonably possible, POSADAS DE ESPAÑA will previously inform of the termination or suspension of the rendering of the Portals service and of the other Services.
12.- APPLICABLE LAW AND JURISDICTION
These General Conditions and Standards for Use are governed by Spanish law. To solve any controversy that might arise with respect to their validity, execution, compliance or discharge (total or partial), they submit themselves to the competence of the Courts of Madrid This contract constitutes the complete and integral expression of the agreement between POSADAS DE ESPAÑA and the user.
The use of the Portals attributes the condition as user and implies total acceptance and without reserves of each and every one of the provisions included in this Legal Disclaimer.
