I. INFORMATION PURSUANT TO THE INFORMATION SOCIETY SERVICES ACT
For the purposes set out in Law 34/2002 of 11th July, on Information Society Services, the owner of the http://www.grandhotelportalsnous.com/ website is IBEROSTAR HOTELES Y APARTAMENTOS S.L., the commercial operator of the Iberostar Grand Hotel Portal Nous, constituted under Spanish law, with registered offices at C/ General Riera, 154, 07010 in Palma de Mallorca, and holder of Tax Identification Number: B-28.049.344, recorded in the Mercantile Registry of Majorca in Volume 1687, Sheet 59, Page Number PM-5191, Registration 1.
The portal-interactiv.com reservations platform, accessible through the www.grandhotelportalsnous.com website is operated by PORTAL INTERACTIV, S.L. Unipersonal, with registered offices at Av. Ernesto Sarti, nº 5, 38670 Adeje - Tenerife, and holder of Tax Identification Number: B38803953, recorded in the Mercantile Registry of Santa Cruz de Tenerife in Volume 2673, Sheet 137, Page TF-35660, a Tour Operating and Travel Agency and holder of Title-License with Identification Code I.C. Nº 74, issued by the Department of Tourism of the Government of the Canary Islands, pursuant to the provisions set forth in the Travel Agency Regulations of this Autonomous Community and by any other applicable regulations.
In addition to the aforementioned registered offices, users may send any requests, queries or complaints to the following e-mail address: email@example.com
1. PERSONAL DATA PROCESSING
1.1. DATABASE INFORMATION. - Pursuant to Law 15/1999, of 13th December, on Personal Data Protection (LOPD), you are hereby informed that the personal information collected on this website shall be stored in a database administered by IBEROSTAR HOTELES Y APARTAMENTOS, S.L., unless indicated otherwise. In general, you are informed that the compulsory fields of the different website forms must be filled in for the proper processing of your requests.
1.2. PURPOSE OF DATA PROCESSING AND TRANSFER
REGISTRATION FORM: Personal information collected on this form shall be used to process user registrations, as well as for user account management, user relationship management and control of access to contents reserved for registered users.
RESERVATION AND CONTRACTING OF SERVICES OR PRODUCTS: The reservation platform accessible from this website allows you to make reservations at any hotel belonging to the Iberostar chain. Reservations at the Iberostar Grand Hotel Portals Nous will be processed by Portal Interactiv, S.L. (portal-interactiv.com).
For reservations at other hotels of the chain, personal information provided in the reservation process shall be received either by Portal Interactiv, S.L. (portal-interactiv.com) or by Visit US (www.isecure.visitus-inc.com), an American tourist marketing company, whose address is indicated in the RIGHTS OF THE INTERESTED PARTY section below, in accordance with the geographical location of the request.
CONTACT FORM: The personal information provided on this form shall be used to process requests, suggestions or complaints and to improve the quality of the website and our services.
1.3. DATA PROCESSING FOR ADVERTISING, CUSTOMER LOYALTY AND BUSINESS PROFILES. In the event that the user has consented to the use of his/her personal information in the different forms available on the website, such information will be incorporated into an Iberostar user database for the purposes of customer loyalty, personalised service and special communication, including electronic, telephone and personalised marketing correspondence regarding products and services of the group or third parties related to the tourist and travel, automation, leisure, art and culture, training, telecommunications, financial and insurance sectors. The user hereby consents to companies of the Iberostar Group with which he/she may contact in the future for the contracting or provision of services to access his/her personal data as a user for the personalisation of these services, agreeing to the international transfer of such data when these companies are located outside the European Economic Area. The user may revoke his/her consent for the aforementioned purposes at any time as indicated in the "Rights of the Interested Party” section below.
USERS RESIDENT IN AMERICA.- Only in the event that the consenting user resides on the North American continent, with the exception of Cuba, the user's personal data shall be shared with Visit US, Inc., an American tourist marketing company to send the user information related to said products , including by electronic communication.
2. RIGHTS OF THE INTERESTED PARTY:
The user may exercise his or her right to access, correct, cancel or object to the processing of his or her personal information by writing to the corresponding Database Administrator, including a copy of his or her national identity document (DNI) or Passport to the address indicated below:
- IBEROSTAR HOTELES Y APARTAMENTOS S.L., LOPD Department – at its registered offices, or by sending an e-mail to firstname.lastname@example.org
- PORTAL INTERACTIV at its registered offices, or by sending an e-mail to email@example.com
- VISIT US, Inc., at its registered offices at Le Jeune Road, Suite 704, Coral Gables, FL 33134, United States of America. E-mail: firstname.lastname@example.org
III. TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use govern access to and use of the various contents and services included or available via the www.grandhotelportsalsnous.com website and the portal-interactiv.com reservation platform (hereinafter, the website or the web).
The user may access information via the website regarding stays at the Iberostar Grand Hotel Portals Nous and use the portal-interactiv.com platform to make reservations in hotels belonging to the IBEROSTAR Group, finding information regarding room availability, rates and hotel searches by geographical location or price
These General Terms and Conditions shall be understood notwithstanding the Specific Booking Terms and Conditions indicated on the website.
Use of the website implies the condition of user. By using the website and any of its services, the user accepts, without reservation, all of the General Terms and Conditions of Use as well as any Specific Terms and Conditions that govern the use of the website or its related services.
By using this website, the user acknowledges that he/she is over the age of eighteen. For use of this website under the age of eighteen, prior consent must be obtained from parents, guardians or legal representatives, who are considered to be responsible for all actions taken by minors under their supervision.
The user is obliged to make proper use of the website and its related services in accordance with the law, morals, public order as well as the provisions set out in these General Terms and Conditions and the applicable Specific Terms and Conditions. The user shall also refrain from using the website and its services in any way that may obstruct the normal operation and enjoyment of the website or cause damage to the property or rights of the website owners, its suppliers, users, or any third party in general.
More specifically, but without limiting the general scope of the obligation set out in the paragraphs above, when using the website and its related services, the user undertakes:
(a)Not to introduce, store or disseminate, via the website or any of its related services, any computer program, data, virus, code or other instrument or electronic device capable of causing damage to the website its related services or to any hardware, systems or networks of the website owners, user, providers or any third party or causing any type of alteration or obstructing the normal operation of the website.
(b)Not to use false identities or impersonate the identity of others while visiting the website or its related services, including the use of passwords, third party access codes or any other device.
(c)Not to conceal or falsify the origin of e-mail messages in any way, intercept, delete or modify e-mail messages of other users or send mass e-mail messages.
(d)Not to destroy, alter, disable or damage the data, information, programs or electronic documents of the website owners, their providers or third parties.
(e)Not to use the contents, particularly information obtained via the website, for marketing, sales or other commercial use or for collecting or storing the personal data of third parties.
(f)Not to introduce or disseminate any information that is defamatory, slanderous, obscene, threatening, xenophobic, violent or discriminatory on grounds of sex, race, ideology or religion or that violates the morals, public order, fundamental human rights, public freedoms, honour, privacy or image of third parties and the prevailing regulations, in general.
In the event that a user considers that there are facts or circumstances which constitute the illicit use of any contents and/or the performance of any activity on the website or features contained therein, the website owners should be notified by e-mail to: email@example.com.
Intellectual and Industrial Property
The user recognises that all of the elements of the website and each of the services provided therein, information and materials, structure, selection, organisation and presentation of contents and computer programs used in relation to the said website are protected by the intellectual and industrial law of the respective website owners or of third parties, as appropriate.
Unless authorised by the website owners or, where applicable, third party holders of the corresponding rights or where deemed appropriate by the law, the user shall not reproduce, change, modify, disassemble, reverse engineer, distribute, lease, provide or make available or accessible any of the elements referred to in the paragraph above by any means of public communication. Under no circumstances shall it be understood that any license is granted or that any partial or full revocation, transfer or termination of such rights is made or that any right or expected right to change, exploit, reproduce, distribute or publicly communicate these contents is conferred without the prior express authorisation of the Portal or the corresponding owners.
The user shall use the materials, elements and information accessed on the website and each of the corresponding services solely for his/her own purposes, thereby agreeing not to make any direct or indirect commercial use of the services, materials, elements and information obtained therein.
The user shall refrain from eliminating the identifying signs of any intellectual and industrial property rights or any other rights belonging to the website owners or third parties that appear on the website and each of the diverse services offered through the website. Furthermore, the user shall refrain from evading or manipulating any technical device established by the website owners or third parties, in the website or any of its services, materials, elements or information obtained therein for the protection of his or her rights.
Registered users shall be solely responsible for safeguarding the confidentiality of passwords to access the website's restricted areas, thereby assuming any damages and consequences resulting from the revelation of passwords. For security reasons, the user may change his or her password to access online services related to the website at any time.
The website owners agree to take all necessary measures to guarantee the availability and continuity of the website as well as its related services. Nevertheless, the website owners cannot guarantee that the web site and its related services will function correctly at all times or that users will be able to access and use them quickly, without interruption and free from errors. Likewise, the website owners do not grant any guarantee as regards the suitability and contents of the website or its related services for the satisfaction of the user’s specific needs.
The website owners shall act diligently, according to generally accepted industry practices, to avoid the presence of any virus or other harmful element on its website or related services that may modify the user's computer, electronic files or databases, but cannot guarantee the absence of such elements, and shall therefore not be held liable for any damages that may arise.
The website owners do not control, endorse or guarantee the accuracy, quality, veracity, reliability or suitability of the information and services facilitated or provided by third parties through the website. Likewise, the website owners do not control or guarantee the absence of any virus or other harmful element in the contents or services facilitated or provided by third parties through the website.
The website owners do not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available on sites administered or belonging to third parties, which the user may access via technical linking devices (“links”) on the website. The website owners do not control the contents of such websites or offer or market the products or services available on linked sites. Therefore the website owners do not assume any liability for them.
Use of the website is at the user’s own risk, whereby the owners of the website shall not be held liable for any damages arising from interferences, interruptions, computer viruses, telephone faults or connection failures in the use of this electronic system or for any delay or blockage in the use of this electronic system caused by defects or overloads at its data processing centre, on telephone lines, the Internet system or any other electronic systems or for any other alteration that may occur to the user’s software or hardware.
Likewise, the website owners shall not be held liable for any damages caused by third parties through any unlawful interference beyond its control. Neither will the website owners be liable for damages caused as a result of use or misuse of the website contents nor for consequences that may arise as a result of errors, defects or omissions in the contents provided by third parties that may appear therein, whereby the selected hotel is considered to be a third party for these purposes.
Notwithstanding liability for damages that may arise, the website owners may resolve and unilaterally terminate the relationship with the user immediately and without prior notice, thereby interrupting the user's access to the website or its corresponding services, if use of the website or its related services is in breach of the general terms and conditions or any applicable specific terms.
The user shall be liable for any damages suffered directly or indirectly by the website owners or any of its affiliates as a result of breach of the General or Specific Terms and Conditions regarding the use of the website or any of its related services. Likewise, the user shall exempt the website owners from any sanction, claim or lawsuit that could be imposed by a third party, including any public entity, against the website owners, its employees or agents as a result of the breach of any third party's rights through the use of the website or related services in breach of the General Terms and Conditions or any applicable specific terms.
Applicable Law and Jurisdiction
These General Terms and Conditions are governed by Spanish law. The owners of the website and the user agree to bring any dispute that may arise with respect to the use of the website or its affiliated services will before the Law Courts and Tribunals of the user’s registered address, expressly waiving any other jurisdiction.
In the event that the user’s registered address is outside of Spain, the website owners and the users agree to appear before the Law Courts and Tribunals in the city of Palma de Mallorca, Spain, expressly waiving any other jurisdiction.