Paradise Hotels & Resorts

GENERAL TERMS AND CONDITIONS OF USE (LEGAL NOTICE)

1. ABOUT THIS LEGAL NOTICE AND ITS ACCEPTANCE.

The present legal notice (hereinafter, the «Legal Noticel») regulates the use of the site «www.paradisehotels.esl» (hereinafter, the «Sitel»), which MAR ABIERTO, S.L. (hereinafter, MAR ABIERTO), Apartamentos Lago Taurito, Urbanización Taurito, C.P. 35138 Mogán, makes available to Internet users.

The use of the Site confers the condition of user (the «userl») and implies unreserved full acceptance of all the terms and conditions contained in this Legal Notice in the version published by MAR ABIERTO when the user accesses the Site. Therefore, we recommend you to read carefully the Legal Notice each time you access the Site, since it may suffer modifications.

The use of and/or access to the services or contents may be subject to specific conditions (hereinafter, the «Specific Conditionsl»), which may replace, complete and/or modify this Legal Notice. Therefore, prior to accessing or using these services or contents, you must read these Specific Conditions.

In the event that any of the General Conditions of the Legal Notice is declared to be null, void or ineffective, this will not affect the validity or effectiveness of the remaining conditions, which will continue to be binding for the parties. The waiver by any party of any of the General Conditions agreed herein shall not be deemed to constitute a general waiver of any other provision or generate any acquired right for the other party.

2. PURPOSE.

Through the Site, MAR ABIERTO provides the users information, applications, access to and/or use of the services or contents («the Servicesl») developed or made available under the terms set forth in each case. MAR ABIERTO allows any citizen, company, entity and, in general, any interested party to get informed, interact, take part in and access the services and initiatives in a flexible and permanent manner.

3. CONDITIONS FOR ACCESS TO AND USE OF THE SITE.

3.1. Free-of-charge access to and use of the Site.

Access to and/or use of the Site by users will be free of charge, without prejudice to the remunerated or rated nature of the services or transactions requested.

3.2. Browsing and data forms.

In general, the access to or the browsing through the Site does not require the user\’s prior subscription or registration. Notwithstanding, MAR ABIERTO may condition the provision of its services or the access to certain contents offered to the prior completion of the corresponding data form.

MAR ABIERTO reserves the right to modify unilaterally at any time the system or the data forms provided at the Site.

3.3. Veracity of the information.

All information provided by users in the forms must be accurate, current and true.

The user represents the veracity of the information provided when completing the forms for access or for the processing of services or inquiries. The user will be the sole responsible for keeping all the information provided to MAR ABIERTO permanently updated as appropriate, at each time, to the user\’s current status. The user will be the sole responsible for any false or inaccurate representations made by the user and for any damages caused to MAR ABIERTO or to third parties by the information provided by the user.

3.4. Minors.

To use the services, minors must obtain the prior consent of their parents, guardians or legal representatives, who shall be deemed responsible for all acts done by the minors under their charge or represented by them.

It is the exclusive responsibility of the adults in charge of the minors to determine the contents and/or services to which these may access.

3.5. Obligation to make proper use of the Site and Services.

The user undertakes to use the Site and the Services in accordance with current regulations, the present Legal Notice, the Specific Conditions and all other notices, rules of use and instructions brought to the user’s attention, as well as with accepted principles of morality and public order. MAR ABIERTO reserves the right to exclude from, forbid or deny access to the Site in case of any breach or violation of the above by the user.

The user shall refrain from using any service for any purpose which is unlawful, forbidden by the Legal Notice or harmful to the rights and interests of MAR ABIERTO or of third parties. The user may not damage, disable, overload, deteriorate or prevent the normal use of the services, the computer equipment or the documents, files and any kind of contents stored in any computer equipment (hacking) of MAR ABIERTO, of other Site users or, in general, of any Internet user.

By way of indication, but not limited to, the user undertakes not to transmit, disseminate or make available to third parties any information, data, contents, messages, graphics, recordings, software and, in general, any type of material that:

1. is in any way contrary to, slights or endangers fundamental rights and public liberties, international treaties and regulations applicable, in particular, in respect of minors and disabled people;
2. induces to, incites to or promotes unlawful, criminal, offensive, defamatory, degrading or violent actions or, in general, actions contrary to law, decency, accepted principles of morality or public order;
3. induces to, incites to or promotes actions, attitudes or ideas which are discriminatory by reason of sex, race, religion, beliefs, age or condition;
4. incorporates, makes available or allows access to unlawful, criminal, violent, offensive, harmful and/or degrading items, messages and/or services.
5. induces or may induce to an unacceptable state of anxiety or fear;
6. induces to or incites to get involved in practices which are dangerous, risky or harmful for the health and the physical or psychical balance of others;
7. is false, ambiguous, inaccurate, exaggerated or untimely, in a manner that induces or may induce to error about its object or about the intentions or purposes of the informant;
8. is protected by whatever third-party intellectual or industrial property rights, with the user not having previously obtained the necessary authorization from their holders;
9. violates third-party secrets;
10. is contrary to the right to personal and family privacy of others or to the right to freedom from injury to one person’s good name, reputation or public image;
11. is in any manner harmful to the credit of MAR ABIERTO, or of third parties;
12. violates the regulations on the secrecy of communications;
13. constitutes, if such a case, unlawful, deceptive or unfair advertising and, in general, that constitutes unfair competition;
14. incorporates viruses or other physical or electronic components that may damage or prevent the normal operation of the web, the system or the computer equipment of MAR ABIERTO or of third parties or that may damage the electronic documents and files stored in this computer equipment;
15. causes, due to its features, disruptions in the normal operation of the Services or the access to the Site or to its contents;
16. contains HTML tags other than those expressly authorized by MAR ABIERTO.

3.6. Obligation to make proper use of the Contents.

Pursuant to clause 3.5, the user undertakes to use the Site contents, including, but not limited to, texts, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as their graphic design and source codes (hereinafter, the Contents), in accordance with applicable regulations, the present Legal Notice, the Specific Conditions of the Services and all other notices, rules of use and instructions brought to the user\’s attention, as well as with accepted principles of morality and public order, and, in particular, undertakes not to:

1. reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify the Contents, except with the prior authorization of the holder of the corresponding rights or when it is legally permitted;
2. remove, manipulate or in any way alter the «copyright» and other identification data of the reservation of rights of MAR ABIERTO, or of its holders, of the digital fingerprints or of any other technical means set for their recognition.
3. exercise or abuse the exercise of the operation rights associated to such contents, except when expressly authorized for this purpose by their lawful owner and, in such a case, undertakes to do it pursuant to the terms and conditions expressly agreed.

3.7. Use of the services offered at the Site.

The user undertakes not to:

1. obtain data for advertising purposes and send advertising or communications of any kind for sales purposes or other commercial purposes without the prior request or consent of the addressee;
2. send any other messages not previously solicited or consented to a number of people;
3. send chain e-mails not requested or previously consented;
4. use distribution lists that may be accessed through the Services for carrying out any of the activities stated in the above paragraphs (I) to (III);
5. make available to third parties, for any purpose, information obtained from distribution lists.

Users or third-parties damaged by the reception of unsolicited messages addressed to a number of people may notify it to MAR ABIERTO by sending a message to the following e-mail address: contacto@paradisehotels.es. MAR ABIERTO does not assume any liability in this connection but may report such a situation to the competent authorities, through the procedures legally established to do so.

3.8. Introduction of hyperlinks.

Users and, in general, all those people intending to establish a hyperlink between their web page and the Site (hereinafter, the «Hyperlink») must comply with the following conditions:

1. The Hyperlink may only allow access to the Site home page, but not reproduce it in any way;
2. no frame will be created on the Site web pages;
3. no false, inaccurate or improper manifestations or statements about MAR ABIERTO, its officers or employees, the Site web pages and the contents or Services may be made;
4. no manifestation will be made stating or implying that MAR ABIERTO has authorized the Hyperlink or supervised or assumed the services offered in the web page where the Hyperlink has been set;
5. except for those signs that form part of the Hyperlink itself, the web page where the Hyperlink is set may not contain any trademark, brand name, establishment notice, designation, logo, slogan or other distinguishing signs belonging to MAR ABIERTO, and;
6. the web page where the Hyperlink is set may not contain any information or contents that are unlawful, contrary to decency or the accepted principles of morality or to public order, or that endanger any rights whatsoever of MAR ABIERTO, or of third parties.

The setting of a Hyperlink will not imply the existence of a relation between MAR ABIERTO and the owner of the web page where the Hyperlink has been set, or the acceptance or endorsement by MAR ABIERTO of any contents or services.

MAR ABIERTO may, at any time, require the persons who have set an Hyperlink between their web site and the Site to remove this Hyperlink, reserving all the legal and/or judicial actions to which it may be entitled.

4. NO LICENCE.

All trademarks, brand names, distinguishing signs, content architecture and contents or software incorporated into the Site are the property of MAR ABIERTO or of third parties, and the use of or access to the Site and/or the contents or services may not be understood as granting the user any right over the above-mentioned trademarks, brand names and/or distinguishing signs, or over any other components available through the Site.

The contents and other services are subject to the intellectual or industrial property rights of MAR ABIERTO, or of third parties, and none of the operation rights that exist or may exist over the same may be understood to have been assigned to the user.

5. EXCLUSION OF WARRANTY AND DISCLAIMER.

5.1. Exclusion of warranty and disclaimer.

5.1.1. Availability and continuity, fitness and fallibility.

MAR ABIERTO does not warrant the availability and continuity of the operation of the Site and of the Services. Whenever reasonably feasible, any disruption in the Site, of the access to its contents or of the provision of the Services will be previously informed.

MAR ABIERTO does neither warrant the fitness of the Site and of the Services for the carrying out of any particular activity, nor their infallibility.

MAR ABIERTO disclaims any liability for damages that may arise from the lack of availability or of continuity of the operation of the Site and of the Services, or from these not being fit for any particular purpose that the users may have attributed to them, or from their fallibility, and, particularly, although not exclusively, from failures in the access to the different web pages of the Site or to these from where the Services are provided.

5.1.2. Privacy and safety when using the Site and Services.

MAR ABIERTO may not absolutely guarantee privacy and safety when using the Site and Services and, particularly, that non-authorized third parties may not be aware of the type, conditions, features and circumstances of the use made by users of the Site and of the Services, although it undertakes to limit such risks.

MAR ABIERTO disclaims any liability for damages that may arise from knowledge by non-authorized third parties of the type, conditions, features and circumstances of the use made by users of the Site and of the Services.

5.1.3. Quality.

MAR ABIERTO does not control or guarantee the absence of viruses or other components in the Contents that may produce disruptions in your computer system or in the electronic documents and files stored in your computer system.

MAR ABIERTO disclaims any liability for damages that may arise from the presence of viruses or other components in the Contents that may produce disruptions in the users’ computer systems, electronic documents or files.

5.1.4. Lawfulness, reliability and fitness.

MAR ABIERTO does not warrant the lawfulness, reliability and fitness for a particular purpose of the contents and disclaims any liability for damages that may arise from the access to or the transmission, dissemination, storage, making available, reception or obtaining of the Contents, and particularly, although not exclusively, for any damages that may arise from:

1. breaches or violations of the law, the accepted principles of morality or the public order as a result of the transmission, dissemination, storage, making available, reception or obtaining of or of access to the Contents;
2. the violation of intellectual and industrial property rights, trade secrets, contractual commitments of any kind, the right to personal and family privacy, the right to freedom from injury to one person’s good name, reputation or public image; property and any other rights belonging to a third party as a result of the transmission, dissemination, storage, making available, reception and obtaining of or of the access to the Contents;
3. the carrying out of unfair competition and unlawful advertising acts as a result of the transmission, dissemination, storage, making available, reception and obtaining of or of the access to the Contents;
4. the lack of veracity, accuracy, thoroughness, relevance and/or currency of the Contents;
5. the unfitness of the Contents for any particular purpose and defrauding expectations generated by the Contents;
6. non-performance, delay in the performance, faulty performance or termination for any reason of obligations undertaken by third parties and agreements made with third parties through or because of the access to the Contents;
7. defects or errors of any kind in the contents transmitted, disseminated, stored, made available or otherwise transmitted or made available, received, obtained or accessed through the Site or the Services.

5.1.5. Veracity, accuracy, thoroughness and currency.

MAR ABIERTO does not warrant the veracity, accuracy, thoroughness and currency of the contents and disclaims any liability for damages that may arise from the lack of veracity, accuracy, thoroughness and/or currency of the Contents.

5.2. Exclusion of warranty for information, contents and services hosted outside the Site.

The Site may make available to users technical linking devices, directories and search tools allowing the users to access web sites belonging to and/or managed by third parties («Linked Sites»). The installation of these components is meant for helping users to search and access the information, contents and services available in the Internet.

The results of the search tools are provided directly by third parties and are the consequence of the automatic operation of technical devices, and therefore MAR ABIERTO may not control these results. If an unlawful activity or information is noticed, the user may use the procedure provided in the Legal Notice for these cases.

MAR ABIERTO does neither offer or market by itself or on behalf of any third party the information, contents and services available at the Linked Sites, nor previously control, approve, recommend, monitor or endorse them. The user must therefore take extra precautions when using the Linked Sites. MAR ABIERTO does not warrant or assume any liability for damages of any kind that may arise from:

1. the operation, availability, accessibility or continuity of the Linked Sites;
2. the maintenance of their information, contents and services.
3. their provision or transmission of information, or the quality, lawfulness, reliability and fitness of their information, contents and services.

5.3. Exclusion of warranty for use of the Site by Users.

MAR ABIERTO is not obliged to control and does not control the use of the Site, the Services and the Contents by users. MAR ABIERTO does not warrant that the users use them in accordance with the Legal Notice and the Specific Conditions applicable. MAR ABIERTO disclaims any liability for damages that may arise from the use of the services and of the contents by users or that may arise from the lack of veracity, validity, thoroughness and/or genuineness of the information provided by users to other users about themselves and, particularly, although not exclusively, for damages that may be due to the impersonation of a user in any kind of communication made through the Site.