This legal notice (hereinafter, the “Legal Notice”) regulates the use of the website www.manolihotels.com (hereinafter, the “Website”), owned by MANOLI HOTELS ALICANTE, S.L.
1. Ownership of the Website.
1.1. The owner of the Website is MANOLI HOTELS ALICANTE, S.L. (“Manoli Hotels”), with tax identification number B-78438843, address at Calle Princesa, 2, 1º – 5, 28008, Madrid, and contact e-mail address LOPD@masa.eu. Manoli Hotels is duly registered in the Mercantile Register of Madrid in Volume , Folio , Page [M-108580], Section [1st] and Inscription [1st].
1.2. For the purposes of what is described in this Legal Notice, Manoli Hotels is understood to be MANOLI HOTELS ALICANTE, S.L., as well as its subsidiaries, group companies and their staff and representatives.
1.3. The information contained on the Website refers to the services offered by Manoli Hotels in accordance with the regulations in force in Spain. The information contained on the Website is for illustrative and merely informative purposes only, and in no way constitutes any obligation for those accessing the Website (hereinafter, “the User(s)”).
1.4. This Legal Notice regulates the access and use of the Website by Users and shall be complemented by any other legal texts that regulate any functionality, service, process, application, platform or means necessary for the use of the Website or the services described.
1.5. By accessing this Website, the User accepts this Legal Notice and declares and guarantees that the applicable legislation and regulations allow him/her to access the Website and that he/she will make correct use of the Website in accordance with the law, good faith, public order, traffic uses and this Legal Notice. The User shall be liable to Manoli Hotels or to third parties for any damages that may be caused as a result of non-compliance with this obligation.
2.1. For the purposes of this Website, a User is understood to be any natural or legal person who accesses and browses the Website. The condition of User implies full and unreserved acceptance of each and every one of the provisions included in this Legal Notice, which may undergo modifications. Access to the Website also implies that the User accepts that this information shall apply to any subsequent access to this Website and that such subsequent accesses shall be subject to the disclaimers, risk warnings and other information contained herein.
3. Purpose and Scope.
3.1. The purpose of the Website is to provide Users with information about the services offered by Manoli Hotels.
3.2. To this end, Manoli Hotels grants a non-exclusive, non-sub-licensable and non-transferable licence to Users to use the Website and the functionalities, content and other functions available, which shall be subject to the rest of the Website Legal Notice and the applicable regulations.
4. Intellectual and industrial property.
4.1. All intellectual and industrial property rights over the information, texts, data, graphics, photographs, designs, software, trademarks, trade names, signs and other content of the Website are the property of Manoli Hotels and/or its licensors. Therefore, their use, reproduction, transmission, transformation, modification, distribution, publication or exploitation in any way by the User is prohibited, except as part of the Website service in accordance with the Legal Notice.
4.2. The User acknowledges and accepts that the use of the Website does not imply the transfer of any intellectual or industrial property rights, such as copyright, trademarks, domain names, designs, patents, utility models, know-how or other rights over the Website; nor does it constitute any authorisation for the creation of developments derived from the Website, except for the limited, non-exclusive, non-transferable and free licence of use granted to Users of the Website in accordance with this Legal Notice.
4.3. In short, Users accessing the Website may view the contents and make, where appropriate, authorised private copies provided that the elements reproduced are not subsequently transferred to third parties, nor are they installed on servers connected to networks, nor are they subject to any type of exploitation.
4.4. The distribution, modification, transfer or public communication of the contents and any other act that has not been expressly authorised is prohibited.
4.5. At any time and for any reason, Manoli Hotels may terminate the User’s right to use all or any part of the Website. The User may not infringe or attempt to infringe the security of the Website.
5. Conditions of access and use.
5.1. The Website is freely accessible and free of charge; however, Manoli Hotels conditions the use of some of the services offered on the Website to the prior request and completion of the corresponding form.
5.2. The User guarantees the authenticity and timeliness of all data provided to Manoli Hotels and shall be solely responsible for any false or inaccurate statements made.
5.3. The User expressly undertakes to make appropriate use of the contents and services of Manoli Hotels and the Website and, in particular, not to use them or distribute information through the Website to, among others:
– Disseminate content that is criminal, violent, pornographic, racist, xenophobic, offensive, in support of terrorism or, in general, contrary to the law in force, morals, customs or public order.
– Transmit or introduce into the network computer viruses or any other harmful component that may damage, limit or harm the Website or any connected network or interfere with its use by other Users, or carry out actions that may alter, copy, spoil, interrupt, modify, decompile, disassemble, reverse engineer, or generate errors or damage to the electronic documents, data or physical and logical systems of Manoli Hotels or third parties; as well as licensing, leasing, selling, imitating or hindering the access of other Users to the Website and its services.
– Attempt to access the e-mail accounts of other Users or restricted areas of the computer systems of Manoli Hotels or third parties and, where appropriate, extract information.
– Infringe intellectual or industrial property rights (copyright, domain names, trademarks, etc.), as well as violate the confidentiality of Manoli Hotels’ or third parties’ information and personal data protection rights.
– Impersonate the identity of another User, public administrations or a third party.
– Reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the contents, unless authorised by the owner of the corresponding rights or it is legally permitted to do so.
– Collect data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without prior request or consent.
– To use the Website, or part of it, on other private or commercial websites, as well as to make commercial use of the Website; or to establish hyperlinks or hyperlinks to the Website or to any of its contents (unless expressly authorised in writing by Manoli Hotels), refraining from making false, inaccurate or incorrect statements or indications about Manoli Hotels, or including illicit contents, contrary to good customs and public order.
– Any other activities contrary to the law in force, to this Legal Notice, to morality, good customs or established public order, or for illicit, prohibited or harmful purposes to the rights and interests of Manoli Hotels or third parties.
5.4. Manoli Hotels reserves the right to block access to certain services of the Website to any User in the event that they infringe the Legal Notice, the rights of third parties or the applicable legislation.
6. Service and guarantees. Linked sites.
6.1. Manoli Hotels will do everything reasonable to ensure the correct functioning of the Website. However, Manoli Hotels cannot guarantee the availability of the Website or the absence of interruptions to the service in order to carry out repair and/or maintenance work on the Website or lack of coverage or failures in the equipment and/or networks necessary for the transmission of data, which are beyond its control. Manoli Hotels will take appropriate measures to reduce such interruptions.
6.2. Although Manoli Hotels will make every reasonable effort to ensure that the information contained on the Website is accurate, correct and up to date, it should be considered that this information is of a general nature and is for information purposes only and for illustrative purposes only. In this regard, Manoli Hotels does not guarantee the completeness, suitability, accuracy, timeliness, validity or integrity of this information and does not accept any liability arising from it.
6.3. Manoli Hotels also reserves the right to correct, improve or modify the Website and the information contained therein, whenever it deems appropriate and without prior notice, as well as to suspend access to the Website in order to carry out maintenance or improvement actions, and shall not be liable for the accuracy, insufficiency or authenticity of the information provided.
6.4. Manoli Hotels excludes, to the extent permitted by applicable legislation, any liability for damages of any kind arising from:
– The impossibility of accessing the Website or the lack of truthfulness, accuracy, completeness and/or timeliness of the contents, as well as the existence of vices and defects of any kind in the contents transmitted, disseminated, stored, made available which have been accessed through the Website or the services offered.
– The presence of viruses or other elements in the contents that may cause alterations in the computer systems, electronic documents or data of the Users.
– Failure to comply with the law, good faith, public order, traffic uses and this Legal Notice as a result of incorrect use of the Website. In particular, and by way of example, Manoli Hotels accepts no responsibility for the actions of third parties that violate intellectual and industrial property rights, business secrets, rights to honour, personal and family privacy and self-image, as well as the regulations on unfair competition, data protection and illegal advertising.
Manoli Hotels’ guarantee.
6.5. The Website is presented as it is and neither Manoli Hotels nor any of the companies in its group guarantee that the services will be uninterrupted and error-free, nor do they guarantee the results obtained from the use of the service.
6.6. Manoli Hotels provides the service without guarantees of any kind, either express or implicit, including, but not limited to, guarantees of ownership or implicit guarantees of satisfactory quality or suitability for a specific purpose or of any other kind, except those guarantees that are implicit and which cannot be excluded, restricted or modified by virtue of the applicable legislation.
6.7. The Website does not control, in general, the use that Users make of the Website. In particular, Manoli Hotels does not guarantee under any circumstances that Users use the Website in accordance with the law, this Legal Notice, morality, generally accepted good practice and public order, nor that they do so in a diligent and prudent manner.
6.8. All conditions, guarantees or representations not expressly stated in this Legal Notice are excluded to the extent permitted by applicable law.
6.9. The User uses the Website at his or her own risk. By accessing the Website, the User undertakes to use it in accordance with the applicable legislation and regulations and to accept this Legal Notice and all its conditions. The User shall be solely liable to Manoli Hotels and/or third parties for any damage or harm that may be caused as a result of non-compliance with this obligation. In this regard, Manoli Hotels accepts no liability for any damage or alteration to the User’s equipment as a result of the use of the Website and is exempt from any liability whatsoever.
6.10. The User is solely responsible for ensuring that his or her computer system has all the relevant technical specifications necessary to use the Website.
6.11. This Website may contain links to other websites and incorporate information and/or services obtained from third parties, in order to facilitate the User’s access to the information of collaborating or sponsoring companies. Manoli Hotels declines any responsibility for the information contained in these external links which is outside this Website and which is not directly managed by Manoli Hotels.
7. Data protection and cookies.
8. General provisions.
Invalidity of clause.
8.1. If any provision or condition of this Legal Notice becomes or is declared illegal, invalid or unenforceable for any reason, such condition or provision shall be deemed deleted without prejudice to the applicability of the remaining provisions of this Legal Notice.
8.2. Manoli Hotels reserves the right to modify or update the information contained in this Legal Notice at any time, whenever it deems appropriate and without prior notice, and shall not be liable for the accuracy, insufficiency or authenticity of the information provided.
8.3. Manoli Hotels will publish the new version of the Legal Notice on the Website whenever it changes. The User will be informed, once he/she accesses the Website again, of any change in the terms of this Legal Notice.
Jurisdiction and applicable law.
8.4. The Legal Notice is governed by Spanish common law.
8.5. Any dispute that may arise from the use of the Website or the Legal Notice shall be submitted to the competent courts of the city of Alicante and, in the case of a User acting as a consumer, to the court of the domicile corresponding to the User/consumer.
The User, if acting as a consumer, may also submit any dispute arising from or related to this Legal Notice to an alternative dispute resolution (“ADR”) procedure. The list of ADR platforms available from the European Commission can be consulted at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.