The Website www.playabachataresort.com (hereinafter, the “Website”) is owned by GRUPO HOTELES PLAYA, S.A. (hereinafter referred to as the “COMPANY”), with registered address in Ctra. Faro Sabinal nº 341, Edificio Playa Hoteles – 04740 Roquetas de Mar (Almería) and CIF A04108973. Registered in the Commercial Registry of Almería, Volume 204, Page 212, Section 3ª, Sheet 3018 and Inscription 1ª.
With the intention that the use of the Website follows the criteria of transparency, clarity and simplicity, the COMPANY informs the User that any suggestions, doubts or query about the General Conditions of Use will be received and solved by contacting the COMPANY through email [email protected]
The COMPANY supplies the content and services that are available on the Website, subject to these General Conditions of Use as well as the policy on the processing of personal data (hereinafter, the “Data Protection Policy”). The access to this Website or its use in any form grants you the “User” rating and implies the unreserved acceptance of each and every one of these General Conditions of Use, reserving the COMPANY the right to modify them at any time. Consequently, it will be the responsibility of all Users, the careful reading of the General Conditions of Use in force on each of the occasions on which they access this Website, so that, if they do not agree with any of the same here provided, he must abstain from using this Website.
Likewise, the User is warned that, on occasion, particular conditions may be established for the use of specific contents and/or services on the Website, the use of said contents or services will imply the acceptance of the specific conditions specified therein.
Through the Website, the COMPANY offers Users the possibility to access: Information about the company, its contact details, its products and services, its rates, its commercial offers, its location – A contact section for inquiries facilitating your personal data – Links to access social networks (hereinafter the “Services”).
3. Privacy and Data Processing
When accessing certain content or services it is necessary to provide personal data, Users will guarantee its truthfulness, accuracy, authenticity and validity. The COMPANY will give said data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the section of Data Protection Policy.
4. Industrial and Intellectual Property
The User acknowledges and accepts that all the content displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible of industrial use and/or commercial are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights, on the contents and/or any other elements inserted on the Website, which are the exclusive property of the COMPANY and/or from third parties, who have the exclusive right to use them in the course of trade. Therefore, the User agrees not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify such content by keeping the COMPANY harmless from any claim arising from the breach of such obligations. In no case does access to the Website imply any type of waiver, transmission, license or total or partial cession of said rights, unless expressly stated otherwise. The General Conditions of Use of the Website do not give the Users any other right to use, alter, exploit, reproduce, distribute or publicly communicate the Website and/or its content other than those expressly provided herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by the COMPANY or the third party owner of the rights affected.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this Website, as well as the Website as a whole, as a multimedia artistic work, are protected as copyright by legislation on intellectual property. The COMPANY is the owner of the elements that include the graphic design of the Website, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, has the corresponding authorization for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor registered by any information retrieval system, in any form or by any mean, unless prior authorization is granted, in written notice, of the aforementioned entity.
Likewise, it is forbidden to suppress, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Website undertakes to respect the rights enunciated and to avoid any action that could harm them, the COMPANY, reserving in any case, the exercise of any means or legal actions that corresponds to it in defense of its legitimate intellectual and industrial property rights.
5. Obligations and Responsibilities of the Website User
The User agrees to:
Make an appropriate and lawful use of the Website, as well as the contents and services, in accordance with: (i) the applicable legislation at any time; (ii) the General Conditions of Use of the Website; (iii) generally accepted morals and good practices; and (iv) public order.
Provide all the means and technical requirements that are required to access the Website.
Provide truthful information by completing the forms contained in the Website with the personal data and keep them updated at all times so that it responds, at any time, to the actual situation of the User. The User shall be solely responsible for any false or inaccurate statement made and for any damage caused to the COMPANY or third parties for the information provided.
However, as established in the previous section, the User must also refrain from:
a) To make an unauthorized or fraudulent use of the Website and/or the content for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may harm, disable, overload, deteriorate or prevent the normal use of services or documents, files and any kind of content stored on any computer equipment.
b) To access or attempt to access resources or restricted areas of the Website, without fulfilling the conditions required for such access.
c) To cause damage to the physical or logical systems of the Website, its suppliers or third parties.
d) To introduce or disseminate in the network computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the COMPANY, its suppliers or third parties.
e) To attempt to access, use and/or manipulate the data of the COMPANY, third-party suppliers and other Users.
f) To reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless authorized by the owner of the corresponding rights or it is legally permitted.
g) To delete, conceal or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the COMPANY or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted in the content.
h) To obtain and try to obtain the contents using means or procedures different from those that, depending on the cases, have been made available for this purpose or have been expressly indicated in the web pages where the contents are found or, in general, of those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the Website and/or contents.
i) In particular, and in a merely indicative and non-exhaustive way, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that:
(i) In any way is contrary, underestimate or violates the fundamental rights and public freedoms constitutionally recognized, in International Treaties and in the rest of the current legislation.
(ii) Induce, incite or promote criminal, denigratory, defamatory, violent or, in general, contrary to law, morality, generally accepted good practices or public order.
(iii) Induce, incite or promote discriminatory actions, attitudes or thoughts based on sex, race, religion, belief, age or condition.
(iv) Incorporate, make available or allow access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading, or, in general, contrary to law, morality and generally accepted good practices or to public order.
(v) Induces or may induce an unacceptable state of anxiety or fear.
(vi) Induce or incites to engage in dangerous, risky or harmful practices for health and psychic balance.
(vii) It is protected by the legislation on intellectual or industrial protection belonging to the COMPANY or to third parties without the authorized use of the intended use.
(viii) It is contrary to honor, to personal and family privacy or to the person’s own image.
(ix) Constitutes any type of advertising.
(x) Include any type of virus or program that prevents the normal functioning of the Website.
If, in order to access some of the services and/or contents of the Website, you will be provided with a password, you are obliged to use it diligently, keeping it secret at all time. Consequently, it will be responsible for its proper custody and confidentiality, undertaking not to assign it to third parties, temporarily or permanently, or to allow access to the aforementioned services and/or contents by third parties. Likewise, it is obliged to notify the COMPANY of any fact that may lead to an improper use of its password, such as, without limitation, its theft, loss or unauthorized access, in order to proceed to its immediate cancellation. Consequently, while not making the previous notification, the COMPANY will be exempt from any liability that may arise from the misuse of your password, being your responsibility any illicit use of the contents and/or services of the Website by any illegitimate third party.
If the User negligently or maliciously fails to comply with any of the obligations set forth in these General Conditions of Use, he will be responsible for all damages and losses that may arise for the COMPANY from said breach.
The COMPANY does not guarantee the continued access, nor the correct visualization, downloading or usefulness of the elements and information contained in the pages of the Website, which may be impeded, hindered or interrupted by factors or circumstances that are beyond its control.
The COMPANY is not responsible for the decisions that may be taken as a result of access to the contents or information offered.
The COMPANY may interrupt the service or immediately resolve the relationship with the User if it detects that a use of its Website or any of the services offered therein are contrary to these General Conditions of Use. The COMPANY is not responsible for damages, losses, harms, claims or expenses derived from the use of the Website. It will only be responsible for eliminating, as soon as possible, the contents that may cause such damages, as long as this is notified. In particular, it will not be responsible for any damages that may arise, among others, from:
(i) interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunication lines and networks, or by any other cause beyond the control of THE COMPANY.
(ii) illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
(iii) improper or inappropriate use of the Website.
(iv) security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The administrators of the COMPANY reserve the right to remove, totally or partially, any content or information present on the Website.
The COMPANY excludes any liability for damages of any nature that could be due to the misuse of the services freely available and used by the Website Users. Likewise, the COMPANY is exempt from any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of queries and doubts services. On the other hand, in case of causing damages and harms for an illicit or incorrect use of said services, the User may be claimed by the COMPANY of the damages or damages caused.
You will defend, indemnify and hold the COMPANY harmless from any damages arising from claims, actions or claims of third parties as a result of your access to or use of the Website. Likewise, you also agree to indemnify the COMPANY against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or of any other action you made that impose an unreasonable burden on the operation of the Website.
The User agrees not to reproduce in any way, not even through hyperlinks, the COMPANY Website, as well as any of its contents, unless expressly authorized in writing by the COMPANY.
The COMPANY Website includes links to other Websites managed by third parties, in order to facilitate the User’s access to the information of collaborating companies and/or sponsors. Accordingly, the COMPANY is not responsible for the content of such Websites, nor is it placed in a position as guarantor or as part offering the services and/or information that may be offered to third parties through the links of third parties.
The User is granted a limited, revocable and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that link to our Website (i) may not imply that COMPANY recommends that Website or its services or products; (ii) they may not distort their relationship with the COMPANY or affirm that the COMPANY has authorized such link, nor include brands, names, trade names, logos or other distinctive signs of the COMPANY; (iii) may not include content that may be considered to be in distasteful, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illegal; (iv) may not link to any page of the Website other than the main page; (v) must link to the Website’s own address, without allowing the Website that makes the link to reproduce the Website as part of its Website or within one of its frames or create a browser on any of the pages of the Website. The COMPANY may request, at any time, to delete any link to the Website, after which it must proceed immediately to its elimination. The COMPANY cannot control the information, content, products or services provided by other Websites that have established links to the Website.
Consequently, the COMPANY assumes no responsibility for any aspect related to such Websites.
8. Data Protection
To use some of the Services, Users must provide certain personal data in advance. For this, the COMPANY will automatically process the Personal Data in compliance with the Personal Data Protection regulations. For this purpose, the User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, according to the conditions defined in the Data Protection Policy presented by the Website.
The COMPANY reserves the right to use the “cookie” technology on the Website, in order to recognize it as a Frequent User and to personalize its use of the Website through the pre-selection of its language, or more desired or specific content. The “cookies” used by the Website, or the third party acting on its behalf, are only associated with an anonymous User and his computer, and do not provide the User’s personal data.
Cookies are files sent to a browser through a web server to record the User’s navigation on the Website, when the User allows their reception. At the same time you can delete the “cookies” for which you should consult the instructions of use of your browser.
Thanks to cookies, it is possible that the COMPANY recognizes the browser of the computer used by the User in order to provide content and display their browsing and advertising preferences, as well as recognize their demographic profiles to measure visits and traffic parameters, control progress and number of entries.
10. Duration and Termination
The provisions of the service of this Website and other services have in principle an indefinite duration. However, the COMPANY may terminate or suspend any of the portal services. Whenever possible, the COMPANY will announce the termination or suspension of the provision of the determined service.
11. Declarations and Guarantees
In general, the contents and services offered on the Website are purely informative. Therefore, by offering them, the COMPANY does not grant any guarantee or statement in relation to the contents and services offered on the Website, including, without limitation, guarantees of legality, reliability, usefulness, truthfulness, accuracy or merchantability, except in the extent to which such declarations and guarantees cannot be excluded by law.
12. Force majeure
The COMPANY shall not be held responsible in case of impossibility of providing service, if this is due to prolonged interruptions of electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.
13. Dispute resolution. Applicable law and jurisdiction
These General Conditions of Use, as well as the use of the Website, will be governed by Spanish legislation. Any controversy will be resolved in the courts of Almeria.
In the event that any provision of these General Conditions of Use is unenforceable or void by virtue of the applicable legislation or as a consequence of a judicial or administrative decision, said non-enforceability or nullity will not cause these General Conditions of Use to be unenforceable or null as a whole. In such cases, the COMPANY will proceed to the modification or substitution of said stipulation by another one that is valid and demandable and that, as far as possible, obtains the objective and pretension reflected in the original stipulation.