1. - IDENTIFICATION DETAILS 1.1. CESGARDEN S.L. (hereinafter GARDEN HOTELS) is a company situated in the municipality of Inca, at Calle Menestrals, 5, Postal Code 07300 and holder of Spanish Tax Id No. B07887441. Its contact details are as follows: telephone (+34) 902 533 727, fax (+34) 902 537 727 and email firstname.lastname@example.org
It is included in the Majorca Company Register on page 22 of the Company volume 1,545, page PM-28936 1.2. The domain name, owned by GARDEN HOTELS, is www.gardenhotels.com
2. - OBJECT AND SCOPE OF APPLICATION
2.1. These are the general terms and conditions (hereinafter ‘general terms and conditions') regulating access, browsing and use of the websites under thewww.gardenhotels.com domain (hereinafter the Website), as well as the liabilities arising from the use of their contents (hereinafter ‘contents' shall be understood to refer to the texts, graphics, illustrations, designs, codes, software, photographs, music, videos, audio files, databases, images, expressions and information, as well as all other contents protected by Spanish legislation and international agreements affecting intellectual and industrial property).
2.2. Access or browsing of the website shall automatically imply the User's adherence to these general terms and conditions published by GARDEN HOTELS and which shall be available whenever the website is accessed. The User is therefore advised to take the necessary time to read these general terms and conditions carefully.
The term ‘User' shall refer to all those persons that access, browse, use or take part in the free or payable services and activities made available on the website.
2.3. The object of these general terms and conditions is to regulate access, browsing and use of the website. However, GARDEN HOTELS may additionally determine specific terms and conditions regulating the use and/or hiring of specific services offered to Users via the website.
Likewise, GARDEN HOTELS may authorise the publication or provision of third party services via its websites. In such cases, GARDEN HOTELS shall not be responsible for establishing the general and specific terms and conditions for the use, provision or hiring of any such third party services and shall therefore not be considered liable thereto.
2.4. Prior to using and/or hiring the aforementioned specific services provided by GARDEN HOTELS, the User must carefully read the corresponding specific terms and conditions created for this purpose by GARDEN HOTELS. The use and/or hiring of such specific services entails acceptance of the specific terms and conditions regulating said services published by GARDEN HOTELS at the time of use and/or hiring.
3. - INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. GARDEN HOTELS owns or holds the corresponding licence for the intellectual and industrial property exploitation rights of this website, as well as the image, intellectual and industrial property rights of the contents available therein.
3.2. Under no circumstances shall access and browsing by the User imply the waiver, transfer, licence or full or partial granting of the aforementioned rights by GARDEN HOTELS.
3.3. Consequently, deleting, evading or manipulating the copyright notice and all other identification details specifying the rights of GARDEN HOTELS or its owners included in the contents, technical protection devices, digital prints and all other forms of information and/or identification that may be included in the contents is strictly forbidden.
3.4. Likewise, it is strictly forbidden to modify, copy, reuse, exploit, reproduce, publically communicate, make second or subsequent publications, load files, email, transfer, use, process or distribute in any way whatsoever part or all the contents included on the website for public or commercial purposes without the specific prior written consent of GARDEN HOTELS or, where appropriate, the owner of such rights.
3.5. This website includes third party images granted by their copyright owners for the purpose of promoting each tourist destinations, namely Agència de Turisme de les Illes Balears, Associació Hotelera d'Alcúdia-Can Picafort, Associació Hotelera Platja de Muro, Associació Hotelera de Capdepera, Associació Hotelera de Cala Millor-Sa Coma, Patronato Provincial de Turismo de Almería and Patronato Provincial de Turismo de Huelva.
4. - ACCESS
4.1. Access to the website by users is free and without charge.
4.2. When the User is required to register or provide personal details in order to access any of the specific services offered on the website, the collection, processing and, where appropriate, the cession of or access to Users' personal details shall comply with the terms and conditions stipulated in the Confidentiality Policy available for consultation on the website.
5. - WEBSITE USE
5.1. The contents included on the website shall be available exclusively to consumers or final users. All commercial or unauthorised use thereof, or their resale, is strictly prohibited unless prior written authorisation is obtained from GARDEN HOTELS.
5.2. Should the User be required to register in order to use a service offered on the website, the information he/she provides must be both truthful and correct. If the User is provided with a password as a result of the registration process, he/she undertakes to keep it secret and make due and diligent use thereof when accessing the services. Users are therefore responsible for the proper safekeeping and confidentiality of all identifying data and/or passwords provided by GARDEN HOTELS and undertake not to transfer use thereof to third parties either temporarily or permanently, nor to allow unrelated persons access thereto. The User shall be held liable for any illicit use of the services by any unauthorised third party that uses a password for such purposes arising from the User's careless use or loss thereof.
5.3. By virtue of the above, the User is required to immediately inform the website administrators of any incident that may lead to the improper use of the identifying data and/or passwords, such as theft, loss or unauthorised access thereto for the purpose of their immediate cancellation. Until any such incidents are reported, GARDEN HOTELS shall not be liable for any improper use of the identifying data or passwords by unauthorised third parties.
5.4. Access, browsing and use of the website is the User's responsibility and he/she therefore undertakes to duly and faithfully abide by any additional instructions given by GARDEN HOTELS or by personnel authorised by GARDEN HOTEL in relation to the use of the website and its contents.
5.5. The User therefore undertakes to use the contents in a diligent, due and proper manner, and specifically undertakes not to incur in the following under any circumstances:
a) to use the contents for illegal purposes or effects;
b) to reproduce or copy, distribute or allow public access via any means of public communication, transform or modify the contents without the authorisation of the owner of the corresponding rights or unless it is permitted by law;
c) to use the contents, and in particular, information of any nature obtained via the website or its services to send advertising materials, communications for the purpose of making direct sales or of any other commercial type, unsolicited messages targeting a group of persons regardless of their objective and to refrain from disseminating or commercialising such information in any way.
5.6 With regard to the prices and rates of the services offered, GARDEN HOTELS may modify them at any time without prior notice, although the prices and rates offered on the website at the time of booking shall be abided by. Offers and special deals shall be valid only during the period specified by GARDEN HOTELS in its advertising materials.
6. - COMMUNICATIONS LICENCE
6.1. In the event that the User sends information of any nature to the website, he/she shall declare, guarantee and accept to be doing so of his/her own free will and that said information does not breach any intellectual, patent or brand rights, commercial secrets or any other third party rights and that said information is not confidential or detrimental to third parties.
6.2. The User accepts responsibility and shall relieve GARDEN HOTELS of all liability regarding all information he/she provides either personally or in his/her name with no limits whatsoever on the truthfulness, legality, originality and ownership thereof.
6.3. Acceptance of these terms and conditions entails the exclusive authorisation by the User of all intellectual and industrial property exploitation rights that the User may hold with regard to the communications made by the website or to GARDEN HOTELS.
7. - LIABILITIES AND GUARANTEES
7.1 GARDEN HOTELS does not guarantee the legality, reliability, usefulness, truthfulness or accuracy of the services or information provided via the website.
7.2. As a result GARDEN HOTELS does not guarantee or hold liability for the following:
a) The continuity of the website contents.
b) The absence of errors in the aforementioned contents or the correction of any defects that may occur.
c) The absence of viruses and/or other harmful elements on the website or in the server that supplies it.
d) The invulnerability of the website and/or the impregnability of the security measures adopted therein.
e) The lack of utility or performance of the website contents.
f) The damage caused either to itself or a third party, any person that breaches the terms and conditions, regulations and instructions issued by GARDEN HOTELS on the website or by infringing the security systems therein. Notwithstanding the above, GARDEN HOTELS declares that it has taken all necessary measures within its possibilities and in accordance with current technology to guarantee the correct functioning of the website and to prevent the existence and transmission of viruses and other harmful elements to Users.
8. - LINKS
8.1. When accessing the website, the User may find links to other websites via various buttons, links and banners, etc., which are managed by third parties. GARDEN HOTELS is not authorised, nor does it have the human and technical resources necessary in order to examine, monitor and approve all the information, contents, products or services offered by other websites which may be accessed via links from its website. GARDEN HOTELS is therefore unable to assume any liability whatsoever for any aspects relating to websites that can be accessed via a link from its website, including, but not limited to, their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any contents in general.
8.2. The creation of any form of link from the website to another website does not imply any form of relationship, collaboration or dependence between GARDEN HOTELS and the owner(s) of the other website.
8.3. Likewise, if any User, company or website wishes to create a link to the website, they must comply with the following requirements:
a) The link may only lead to the www.gardenhotels.com home page, unless specific written authorisation otherwise is obtained from GARDEN HOTELS.
b) The link must be absolute and complete; in other words, it must take the User via a single click to the GARDEN HOTELS URL address at http://www.gardenhotels.com and must include the website's full home page screen. Under no circumstances, unless specific written authorisation to the contrary is obtained from GARDEN HOTELS, may the website using the link reproduce www.gardenhotels.com in any way, include it as part of its website or within one of its frames, or create a browser for any of the website pages.
c) No claim may be made on the website containing the link that GARDEN HOTELS has given its authorisation for said link, unless such authorisation has been specifically obtained from GARDEN HOTELS in writing. If the company that has correctly created the link from its website to the GARDEN HOTELS website wishes to include the brand, name, trade name, sign, logo, slogan or any other element that identifies GARDEN HOTELS and/or the website, it must obtain specific prior written authorisation to this effect.
d) GARDEN HOTELS does not authorise the creation of links to its website from those websites containing materials, information or contents that may be considered illicit, illegal, obscene, or that in general contravene generally accepted moral standards, public order and social custom.
8.4. GARDEN HOTELS does not have the human and technical resources necessary in order to examine, monitor and approve all the information, contents, products or services offered by other websites which may be accessed via links from its website. GARDEN HOTELS is therefore unable to assume any liability whatsoever for any aspects relating to websites that create links to www.gardenhotels.com including, but not limited to, their operation, access, data, information, files, quality and reliability of their products and services, their own links and/or any contents in general.
8.5. GARDEN HOTELS does not guarantee the legality, reliability and utility of the services provided by third parties via this website or for which GARDEN HOTELS acts merely as an advertising channel.
8.6. GARDEN HOTELS shall hold no liability whatsoever for any damage or harm caused by the services provided by third parties via this website and in particular, but not limited to, those caused by the following:
a) Any breaches of the law;
b) the inclusion of viruses or any computer codes, files or programs that may damage, interrupt or prevent the normal functioning of all types or software, hardware or telecommunications equipment;
c) the breach of intellectual and industrial property rights, corporate secrets and contractual undertakings of all kinds.
d) all acts that may be considered illegal, deceptive or false advertising, and in general that may be classified as unfair competition;
e) a lack of veracity, accuracy, quality, relevance and/or topicality of the contents that are transmitted, disseminated, stored, received, obtained, made available or accessible;
f) an infringement of the right to honour, personal and family privacy and image or, in general all third party rights;
g) a failure to adapt the contents to their purpose and to meet the expectations generated, or the vices and defects that may be caused in relation to third parties;
h) the non-compliance, delay in compliance, insufficient compliance or cancellation for any reason of the obligations acquired by third parties and agreements entered into with third parties.
9. - PERSONAL DATA PROTECTION
Pursuant to Spanish Organic Law 15/1999 of 13th December on the Protection of Personal Data, you are hereby informed that all details provided by the User on this website shall be processed by GRUPO GARDEN, made up of the companies CESGARDEN S.L, Nou Argar XXI S.L and Unci XXI S.L, for the purpose of managing its services and promoting the services offered to customers and the general public. The User hereby authorises the automatic processing of said details which shall be treated with the strictest confidence and shall not be transferred to third parties that do not form part of GRUPO GARDEN.
The User holds sole responsibility for the veracity and accuracy of the data provided, and the companies CESGARDEN S.L, Nou Argar XXI S.L and Unci XXI S.L are therefore exempt from all liability thereto.
Likewise, you are informed of the possibility of exercising your right to access, rectification, cancellation and opposition by writing to the following address: GRUPO GARDEN, Legal Department, C/ Menestrals, 5, Inca, CP 07300 (Illes Balears, SPAIN).
10. - SPECIFIC TERMS AND CONDITIONS OF THE LOYALTY PROGRAMMES
Terms and conditions of the Garden Direct programme: The benefits and discounts included in the Garden Direct programme shall be valid only for bookings made by customers registered via www.gardenhotels.com Should any of the benefits specified be applicable to minors, legal documented proof of their age must be provided on arrival at the hotel (ID card, passport or Family Record Book). Failure to provide such proof will invalidate the benefits of the programme, which may lead to extra costs in addition to the booking amount and pursuant to the rates in effect on arrival at the hotel. CESGARDEN S.L. accepts no responsibility for any modifications that may be made to the Garden Direct programme, including its cancellation. Registration and access to the Garden Direct programme implies having read and accepted these terms and conditions. Terms and conditions of the Garden Federados programme: The benefits and discounts included in the Garden Federados programme shall be valid only for bookings made by customers registered via www.gardenhotels.com In order to take advantage of the benefits included in the Garden Federados programme, proof of membership of the sports federation specified during registration must be provided on arrival at the hotel. Failure to provide valid proof of membership will invalidate the benefits of the programme, which may lead to extra costs in addition to the booking amount and pursuant to the rates in effect on arrival at the hotel. CESGARDEN S.L. accepts no responsibility for any modifications that may be made to the Garden Federados programme, including its cancellation. Registration and access to the Garden Federados programme implies having read and accepted these terms and conditions.
11. - DURATION AND MODIFICATION
11.1. GARDEN HOTELS reserves the right to modify, either partially or totally, these terms and conditions. Any changes shall be published in the same format as these terms and conditions or via any form of communication sent to Users.
11.2. These terms and conditions shall therefore be valid for the time that they are published and until their partial and total modification, when the modified general terms and conditions shall come into effect.
11.3. Notwithstanding the contents of the specific terms and conditions, GARDEN HOTELS may at any time and without prior notice, terminate, suspend or interrupt access to the contents of the website without the User being entitled to any form of compensation whatsoever. Following the termination thereof, the prohibition of use of the contents described in previous sections of these general terms and conditions shall remain in effect.
12. - GENERAL CONSIDERATIONS
12.1. The titles of the various sections are for informative purposes only and shall not affect, qualify or extend the interpretation of these general terms and conditions.
12.2. Should any discrepancy arise regarding the contents of these general terms and conditions and the specific terms and conditions of individual services, those stipulated in the latter shall prevail.
12.3. Should any of the section or sections of these general terms and conditions be declared null and void or inapplicable, either partially or totally, by any Court, Tribunal or competent administrative body, such nullity or inapplicability shall not affect the other sections of the general terms and conditions or specific terms and conditions of the various services offered by GARDEN HOTELS.
12.4. The non-exercise or non-execution by GARDEN HOTELS of any right or section included in these general terms and conditions shall not be considered to be a waiver thereof, unless specific written acknowledgement and agreement to this effect is provided.
13. - JURISDICTION Relations between GARDEN HOTELS and the User shall be governed by the applicable legislation in effect and the competent jurisdiction. Notwithstanding the above, in those cases in which the regulations contemplate the possibility of submitting to a jurisdiction, GARDEN HOTELS and the User hereby expressly waive any jurisdiction to which they may be entitled and agree to submit to the Courts and Tribunals corresponding to the judicial district and the nature of the case for Inca, Illes Balears, Spain.