Conditions of Use
1. TERMS AND CONDITIONS AND THEIR ACCEPTANCE
These terms and conditions (hereinafter the “Terms and Conditions”) regulate the use of the website “www.hotelhaciendadeabajo.com” (hereinafter the “Site”) that the firm HOTEL SAN TELMO S.L., Tax ID: B- B76622786 (hereinafter, “HOTEL SAN TELMO ”) offers to internet users. The head office of HOTEL BENAHAORE is located in Calle Las Adelfas , n. º 12 – 38760 Los Llanos de Aridane.
By using this website the User expresses the full and unreserved acceptance of each and every part of the Terms and Conditions stated in the version published by HOTEL BENAHOARE at the moment that the User accesses the site. Accordingly, the User must carefully read the Terms and Conditions on each occasion that he intends to use the site.
The use of certain services offered to Users through the website is subject to specific conditions which, depending on each case, complete and / or modify the Terms and Conditions (hereinafter “Special Conditions”).Therefore, prior to the use of these services, the User must also read the Special Conditions.
Likewise, the use of this service is subject to all notices, regulations and instructions of which the User is informed by HOTEL BENAHOARE , supplementing what is expressed in these Terms and Conditions provided they do not oppose them.
Through the Site, HOTEL BENAHAORE provides Users access and use of various services and contents made available to Users by HOTEL BENAHOARE or by third party users of the Site and / or third party service and content providers (hereinafter, “services”).
HOTEL BENAHOARE reserves the right to unilaterally modify at any time and without notice, the appearance and configuration of the site, as well as the services and the conditions required to use the website and the services.
3. USER ACCESS CONDITIONS OF THE SITE
3.1. Free access and use of the site.
HOTEL BENAHOARE offers free user access of its website to Users without the need of user subscription or registration. Nevertheless, the use of some services can only be done by subscription or registration of the User and / or payment, in the manner which is expressly stated in the corresponding Special Conditions.
3.2. User Registration
HOTEL BENAHOARE reserves some of the services offered through the website to registered users of HOTEL BENAHOARE by filling out the register of users of HOTEL BENAHOARE available to users who wish to register and subscribe to the newsletter and news section. HOTEL BENAHOARE offers certain services which require the completion of additional registers by its users.
In both cases, the User agrees to select, use and retain his username (hereinafter “login”) and password (hereinafter jointly: “Access Codes”) in accordance with the established in clauses 3.2.1. and 3.2.2. of the Terms and Conditions.
3.2.1. Assignment of Access Codes
HOTEL BENAHOARE will individually assign Access Codes or indicate to the User how to choose these, whichever the case. The User may not choose a username which is in any way abusive, offensive, obscene or insulting or coincides with brands, trade-marks, company signs, company names, advertising slogans, names and pseudonyms of public figures without explicit authorization and is, in general, illegal or immoral and contrary to common decency.
The assignment of Access Codes is automatic and the only criterion used for this purpose is that they do not match any previous access codes chosen by the User.
In case the User should not choose himself, the Access Codes will be assigned by HOTEL BENAHOARE , in which case the User may at any time change his password, always in accordance with the established in the preceding paragraph and with technical requirements specified by HOTELBENAHOARE .
3.2.2. Use and custody
The User agrees to make diligent use of the Access Codes and not make these available to others. The User agrees to inform HOTEL BENAHOARE of any loss or theft of the Access Codes and of any risk of access to them by a third party as soon as possible.
3.3. Agreement to make proper use of the website and services.
The User agrees to use the Website and Services in accordance with the law, these Terms and Conditions, as well as with generally accepted decency and principles and public order.
The User will refrain from using the Site and Services for illegal purposes, against the established in these Terms and Conditions, prejudicial to the rights and interests of others, or which can in any way damage, disable or overload the Site and Services or prevent its normal use or enjoyment of the Site and Services by Users.
3.4. Ways to obtain content.
The User may not obtain or even attempt to obtain information, messages, graphics, pictures, sound and/or image files, photographs, recordings, software and, in general, any kind of material accessible through the Site or Services (hereinafter, the “Content”) by means or procedures other than those, depending on the case, made available for this purpose or as indicated on web pages with these Contents or which, in general, are normally used on the Internet for this purpose, provided they do not constitute any risk of damaging or disabling the Website, the Services and / or the Content.
3.5. Proper use of the Content.
The User agrees to use the Content in a diligent, correct and lawful way, and in particular, agrees to refrain from (a) using the Content illegally, immorally and contrary to generally accepted decency and public order, (b) reproducing or copying, distributing, allowing public access by any means of public communication, transforming or modifying the Content, unless he has permission of the copyright holder or it is legally permitted, (c) removing, avoiding or manipulating the copyright and other identifying details of the rights of HOTEL BENAHOARE or its owners comprised in the content, as well as technical security devices, digital fingerprints or any other information mechanisms that might contain the Contents.
3.6. Using Website Services provided by HOTEL BENAHOARE in accordance with the Anti-Spamming Policy.
The User agrees to make use of the Services in accordance with the Anti-Spamming Policy of HOTEL BENAHOARE and particularly commits to, in a merely indicative and not exhaustive way, refrain from (i) issuing any kind of publicity and information for commercial purposes to any group of people without prior request or consent, (ii) sending unsolicited messages or without previous consent to any group of people, (iii) sending unsolicited chain emails or without previous consent, (iv) using distribution lists which can be accessed through the Site or the Services to carry out any of the activities stated in paragraphs (i) to (iii) above, (v) making available to third parties, for whatever purpose, any data obtained from the mailing lists.
Users affected by the receipt of unsolicited messages sent to a group of people may notify HOTEL BENAHOARE by filling in the Customer Service form available on the website indicating the nature of the message in the section for Comments and Observations.
3.7. Introducing hyperlinks which allow access to web pages of the Site and Services
Users and, in general, those who intend to create a hyperlink between their website and the Site (hereinafter the “Hyperlink”) must comply with the following conditions:
(a) the Hyperlink will only allow access to the pages of the Site but cannot replicate them in any way; (b) hyperlinks must not be created with the web pages of the Site other than the homepage of the Site or the Services; (c) border environments or browsers must not be created around the content of the Site’s web pages; (d) no misleading, inaccurate or false information must be presented about the web pages or services, especially there must not be any implication that HOTEL BENAHOARE is endorsing or sponsoring the linker or the linker’s services or products; (e) with exception of the symbols which are a part of the Hyperlink, the website which links to the Site may not contain trade-marks, commercial names, signs, logos, slogans or similar intellectual properties of HOTEL BENAHOARE ; (f) the linker’s website must not contain content that could be construed as obscene, libellous, defamatory or contrary to generally accepted decency and public order, nor to any rights of third parties. Creating the Hyperlink does not imply in any case the existence of relationships between HOTEL BENAHOARE and the owner of the linker’s website, or the acceptance and approval of HOTEL BENAHOARE of their content or services.
4. PERSONAL INFORMATION
6. USE OF THE SITE, SERVICES AND CONTENT IS THE SOLE RESPONSIBILITY OF THE USER
The User acknowledges and accepts that the use of the Site, the Services and Content is in any event, under his sole and exclusive responsibility.
7. EXCLUSION OF WARRANTIES AND LIABILITY
7.1. Exclusion of warranties and liability for the functioning of the Site and Services 7.1.1
. Availability and continuity, usability and reliability
HOTEL BENAHOARE does not guarantee the availability and continuity of the functioning of the Site and the Services. When reasonably possible, HOTEL BENAHOARE will inform in advance of any interruption in the operation of the Site and the Services. HOTEL BENAHOARE does not guarantee the usability of the Site and the Services for carrying out any particular activity, nor its infallibility, and in particular but not exclusively, the effective use of the Site and the Services by its Users, access to the various webpages that make up the Site or those which provide services.
HOTEL BENAHOARE ACCEPTS NO LIABILITY FOR DAMAGE OF WHATSOEVER KIND CAUSED BY THE LACK OF AVAILABILITY OR CONTINUITY OF THE SITE AND SERVICES, NOR FOR ILLEGAL USE THAT USERS MAY ATTRIBUTE TO THE SITE AND THE SERVICES, FALLIBILITY OF THE SITE AND SERVICES, OR PARTICULARLY BUT NOT EXCLUSIVELY, FOR ERRORS WHEN ACCESSING THE VARIOUS WEB PAGES OF THE SITE OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.
7.1.2. Privacy and security in using the Site and Services
HOTEL BENAHOARE does not guarantee the privacy and security of the use of the Site and the Services and, in particular, does not guarantee that unauthorized third parties obtain knowledge of the type, conditions, characteristics and circumstances of use by users of the Site and the Services.
HOTEL BENAHOARE IS NOT LIABLE FOR ANY DAMAGE ARISING FROM THE KNOWLEDGE THAT UNAUTHORIZED THIRD PARTIES MAY OBTAIN CONCERNING THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF USER BY USERS OF THE SITE AND SERVICES.
7.2. Disclaimer of warranties and liability for the Content
HOTEL BENAHOARE does not control or guarantee the absence of viruses or other elements in the Contents that may cause alterations in your computer system (software and hardware) or in the electronic documents and files stored on your computer.
HOTEL BENAHOARE DOES NOT ACCEPT ANY LIABILITY FOR DAMAGE OF ANY KIND ARISING FROM VIRUSES OR OTHER ELEMENTS IN THE CONTENT THAT MAY CAUSE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF USERS.
7.2.2. Legitimacy, reliability and usefulness
HOTEL BENAHOARE does not guarantee the legitimacy, reliability and usefulness of the Content.
HOTEL BENAHOARE DOES NOT ASSUME RESPONSIBILITY FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM TRANSMISSION, DISTRIBUTION, STORAGE, AVAILABILITY, RECEPTION OR ACCESS TO THE CONTENT, AND PARTICULARLY, ALTHOUGH NOT EXCLUSIVELY, ANY DAMAGES WHATSOEVER RESULTING FROM A) TRANSMISSION, DISTRIBUTION, STORAGE, AVAILABILITY, RECEPTION OR ACCESS TO THE CONTENT WHICH ARE ILLEGAL, IMMORAL OR CONTRARY TO COMMON DECENCY; B) THE INFRINGEMENT OF INTELLECTUAL PROPERTY, TRADE SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, PERSONAL HONOUR, PERSONAL/FAMILY INTIMACY, PERSONAL IMAGE RIGHTS, PROPERTY RIGHTS OF ANY KIND THAT BELONG TO THIRD PARTIES RESULTING FROM THE TRANSMISSION, DISTRIBUTION, STORAGE, AVAILABILITY, RECEPTION OR ACCESS TO THE CONTENT; C) UNFAIR COMPETITION AND ILLICIT PUBLICITY RESULTING FROM THE TRANSMISSION, DISTRIBUTION, STORAGE, AVAILABILITY, RECEPTION OR ACCESS TO THE CONTENT; D) LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, RELEVANCE AND/OR ACCURACY OF THE CONTENT; E) THE INADEQUACY OF ANY KIND OF PURPOSE AND FAILURE TO MEET EXPECTATIONS GENERATED BY THE CONTENT; F) BREACH, DELAY IN COMPLIANCE, FAILURE TO COMPLY OR TERMINATION FOR ANY REASON OF THE COMMITMENTS UNDERTAKEN BY THIRD PARTIES AND AGREEMENTS WITH THIRD PARTIES THROUGH OR RESULTING FROM ACCESS TO THE CONTENT; G) FAULTS AND DEFECTS OF ANY KIND IN THE CONTENT TRANSMITTED, DISTRIBUTED, STORED, MADE AVAILABLE OR TRANSMITTED IN ANY OTHER WAY, RECEIVED, OBTAINED OR ACCESSED THROUGH THE SITE OR SERVICES.
7.2.3. Truthfulness, accuracy, completeness and timeliness
HOTEL BENAHOARE does not guarantee the truthfulness, accuracy, completeness and timeliness of the Content.
HOTEL BENAHOARE IS NOT LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE LACK OF TRUTH, ACCURACY, COMPLETENESS AND / OR TIMELINESS OF THE CONTENT.
7.3. Disclaimer of warranties and liability for the services provided by third parties through the Site
HOTEL BENAHOARE does not control nor guarantee the absence of viruses or other elements in the services provided by third parties through the Site that may cause alterations to your computer system (software and hardware) or to the electronic documents and files stored on your computer.
HOTEL BENAHOARE DOES NOT ACCEPT ANY LIABILITY FOR DAMAGE OF ANY KIND RESULTING FROM VIRUSES OR OTHER HARMFUL ELEMENTS IN THE SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE THAT MAY CAUSE ALTERATIONS IN THE COMPUTER SYSTEM, ELECTRONIC DOCUMENTS OR FILES OF USERS.
7.3.2. Legitimacy, reliability and usefulness
HOTEL BENAHOARE does not guarantee the legitimacy, reliability and usefulness of the services provided by third parties through the Site
HOTEL BENAHOARE DOES NOT ASSUME RESPONSIBILITY FOR ANY DAMAGE WHATSOEVER RESULTING FROM SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE, AND PARTICULARLY, ALTHOUGH NOT EXCLUSIVELY, FOR ANY DAMAGE WHATSOEVER RESULTING FROM A) SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE WHICH ARE ILLEGAL, IMMORAL OR CONTRARY TO COMMON DECENCY; B) THE INFRINGEMENT OF INTELLECTUAL PROPERTY, TRADE SECRETS, CONTRACTUAL COMMITMENTS OF ANY KIND, PERSONAL HONOUR, PERSONAL/FAMILY INTIMACY, PERSONAL IMAGE RIGHTS, PROPERTY RIGHTS OF ANY KIND THAT BELONG TO THIRD PARTIES RESULTING FROM SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE; C) UNFAIR COMPETITION AND ILLICIT PUBLICITY RESULTING FROM SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE; D) LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS, RELEVANCE AND/OR ACCURACY OF THE CONTENT TRANSMITTED, DISTRIBUTED, STORED, RECEIVED, OBTAINED, MADE AVAILABLE OR ACCESSIBLE BY SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE; E) THE INADEQUACY OF ANY KIND OF PURPOSE AND FAILURE TO MEET EXPECTATIONS GENERATED BY SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE; F) BREACH, DELAY IN COMPLIANCE, FAILURE TO COMPLY OR TERMINATION FOR ANY REASON OF THE COMMITMENTS UNDERTAKEN BY THIRD PARTIES AND AGREEMENTS WITH THIRD PARTIES THROUGH OR RESULTING FROM SERVICES PROVIDED THROUGH THE SITE; G) FAULTS AND DEFECTS OF ANY KIND IN SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE.
7.4. Disclaimer of warranties and liability for the information, content and services hosted outside of the Site
The Site provides to its Users the technical tools for links (such as, among others, links, banners, buttons), directories and search tools allowing Users to access websites belonging to and/or managed by third parties (hereinafter “Linked Sites”). The installation of these links, directories and search tools on the Site is only intended to facilitate Users to search for and access to information, content and services available on the Internet.
HOTEL BENAHOARE does not itself or through third parties offer the information, content and services available on the Linked Sites, nor does it control, approve, supervise or own them. The User should therefore should exercise due caution in evaluating and using information, content and services on the Linked Sites.
HOTEL BENAHOARE MAKES NO WARRANTIES OR ASSUMES ANY LIABILITY FOR DAMAGE WHATSOEVER RESULTING FROM (A) PERFORMANCE, AVAILABILITY, ACCESSIBILITY OR CONTINUITY OF THE LINKED SITES, (B) THE COMPLETENESS OF THE INFORMATION, CONTENT AND SERVICES OF THE LINKED SITES, (C) THE PLACEMENT OR TRANSMISSION OF THE INFORMATION, CONTENT AND SERVICES ON LINKED SITES, (D) THE QUALITY, LEGALITY, RELIABILITY OR SUITABILITY OF THE INFORMATION AND SERVICES CONTAINED ON THE SITES LINKED TO THE SAME TERMS AND WITH THE SAME EXTENT PROVIDED UNDER CONDITION 7.2 AND 7.3 REGARDING THE CONTENTS AND SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE.
7.5. Disclaimer of warranties and liability for the use of the Site, the Services and Content by Users
HOTEL BENAHOARE has no obligation to and does not control the use of the Site, the Services and Content by Users. In particular, HOTEL BENAHOARE does not guarantee that Users use the Site, the Services and Content in accordance with these Terms and Conditions and, where appropriate, the Special Conditions that may apply, not do so in a diligent and prudent way. HOTEL BENAHOARE is under no obligation to verify and does not verify the identity of Users, nor the truthfulness, timeliness, completeness and/or authenticity of the information that Users provide about themselves to other Users.
HOTEL HACIENDA DE ABAJO DOES NOT ASSUME LIABILITY FOR ANY DAMAGE WHATSOEVER RESULTING FROM THE USE OF THE SERVICES AND CONTENT BY USERS OR WHICH MAY ARISE DUE TO LACK OF ACCURACY, TIMELINESS, COMPLETENESS AND / OR AUTHENTICITY OF THE INFORMATION PROVIDED BY USERS TO OTHER USERS ABOUT THEMSELVES AND, IN PARTICULAR BUT NOT EXCLUSIVELY, FOR ANY DAMAGE WHATSOEVER ARISING FROM THE IMPERSONATION OF A THIRD PARTY’S PERSONALITY BY A USER USING ANY COMMUNICATIONS METHOD THROUGH THE SITE.
8. NO TRADEMARK LICENSE
HOTEL BENAHOARE does not grant any license or authorization of use whatsoever upon its intellectual and industrial property rights or upon any other property rights related to the Site, Services or Content, without express permission.
9. DENIAL AND SUSPENSION OF ACCESS TO THE SITE AND / OR SERVICES
HOTEL BENAHOARE reserves the right to deny or suspend access to the Site and / or the Services at any time and without prior notice to Users who violate these Terms and Conditions and Special Conditions which may apply.
10. PROCEDURE IN THE EVENT OF UNLAWFUL ACTIVITIES
In the event that any User or third party considers that there are facts or circumstances revealing the illegality of the use of any content and / or any activity on the web pages that are included in or accessible through the Site, and, particularly, the violation of intellectual property rights (patents, industrial designs, trademarks and trade names, etc.) or other rights, a notification should be sent to HOTEL BENAHOARE containing the following:(a) personal information: name, address, telephone number and email address of the claimant; (b) specification of the alleged illegal activity on the Site and, particularly, in case of an alleged violation of rights, precise and specific indication of protected content and its location on the website; (c) facts or circumstances revealing the illegality of such activity; (d) in case of violation of rights, authentic signature or equivalent with personal information of the holder of the allegedly infringed rights or of a person authorized to act on his or her behalf; (e) express and clear statement under the responsibility of the claimant of the accuracy of the information provided in the notification and the illegality of the use of the content or the activities described.
These notifications should be sent to: Hotel Benahoare , firstname.lastname@example.org, phone 922-402903, address Calle Adelfas 12, No. 12 – 38760 Los Llanos de Aridane (Spain).
11.DURATION AND TERMINATION
The Site’s service and all other Services are, in principle, of indefinite duration. HOTEL BENAHOARE , however, is authorized to terminate or suspend the Service of the Site and / or any of the Services at any time, without affecting anything stated in the Special Conditions. When reasonably possible, HOTEL BENAHOARE will provide prior notice of the termination of the Site and Services.
12. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by Spanish Law.
HOTEL BENAHOARE and the User, expressly waiving any other jurisdiction, submit to the court of the city of Santa Cruz de Tenerife (Spain) for any dispute that may arise from the provision of services under these Terms and Conditions. In the event that the User should reside outside of Spain, HOTEL BENAHOARE and the User submit to, waiving any other jurisdiction, the courts of the city of Santa Cruz de Tenerife (Spain).
By this notice, Hotel San Telmo SL, (hereinafter HOTEL San Telmo ) informs users of various web portals of their property (hereinafter the “Users” and “Website”) of its data protection policy on personal information (hereinafter “Personal Information”) so that Users can freely and voluntarily decide whether they wish to provide their Personal Information to HOTEL
that may be required or obtained from Users for subscription or registration purposes or for any of the services offered by HOTEL
on or through the Website. HOTEL
BENAHOARE reserves the right to amend this policy adapting it to new legislation or case law and industry practices. In such cases, HOTEL
will announce the introduction of changes on this page within a period of reasonable notice before its implementation.
Certain services offered on the Website may contain conditions with specific provisions regarding the protection of Personal Information. The Personal Information collected will be automatically processed and filed by HOTEL BENAHOARE , being the company the owner and responsible for their own files (hereinafter, the “Files”), registered at the General Register of the Agency of Data Protection with registration number x. To this end, HOTEL BENAHOARE provides Users with adequate technical resources in order to, previously, access this notice on the Data Protection Policy or any other relevant information and give their consent so that HOTEL BENAHOARE can proceed to automatic processing of Personal Information. Except in areas where otherwise stated, answers to questions about Personal Information are voluntary and the lack of response does not imply a decrease in the quality or quantity of related services, unless otherwise indicated. Some of the services offered on the Website or through the Website may be directed to minors. In services of this kind where gathering of Personal Information will take place, HOTEL BENAHOARE will always request parental consent so that minors can access these services and their Personal Information may be treated automatically as provided in this notice on Data Protection Policy. The gathering and processing of Personal Information is aimed at maintaining the contractual relationship established with HOTEL BENAHOARE , management, administration, supply, extension and improvement of services to which Users decide to subscribe, join, or use the services according to the preferences and tastes of the users, the study of the use of services by Users, the design of new services related to such services, remittance of service updates, remittance, through traditional or electronic channels, of technical, operational and commercial information about products and services offered by HOTEL BENAHOARE or through this company now and in the future. The purpose of the gathering and processing of Personal Information also includes the remittance of questionnaires, which the User is not obliged to answer. HOTEL BENAHOARE has adopted safety standards for the protection of Personal Information which are legally required, and has installed all the technical means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of Personal Information provided to HOTEL BENAHOARE . Nevertheless, the User should be aware that Internet security measures are not impregnable. In some cases HOTEL BENAHOARE intends to provide Personal Information to third parties. When appropriate, Users shall be duly informed of through the forms used to gather Personal Information, together with the identification of the providing company and the third party, the type of activities they are engaged in and the purpose behind the provision. The parties to whom provision of Personal Information are intended will have their residence in Spain. In any case, HOTEL BENAHOARE guarantees the maintenance of confidentiality and the safe handling of Personal Information in the national operations that may occur due to such provisions.