1. GENERAL INFORMATION
The purpose of this legal information (hereafter “Legal notice”) is to regulate the use of the website “www.houmhotels.com” (hereafter, the “website”). We recommend you read these conditions before using this website.
In compliance with the provisions of the Law 34/2002 of the 11th of July about the services of the society of information and electronic commerce, we detali the trade information of this website:
Corporate name: CA’N MORER DE S’ARENAL S.A (hereafter Houm Hotels)
Tax Identification Numebr: ESA07204381
Register Data: R.M. of Majorca, F.85, T.607, L.524, S.3ª, H.13.418
Address: Son Rigo Avenue n.13, 1º, 07610
The access and/or use of the website by the user implies the unreserved acceptance of these Terms and Conditions, as well as of the Particular Conditions that, when applicable, complement or substitute the General Conditions, regarding certain services and contents of the website. Therefore, the user also has to read the Particular conditions regarding the use of services offered by the website.
Likewise, the use of the website also implies the acceptance of all the advices, regulations of use and instructions provided to the user by Houm Hotels, to the extend that they substitute, complement and/or modify this Legal Notice. Houm Hotels will be able to modify the offered services and any other aspect of this page, as well as the conditions of effectiveness and use of the services of the website in order to improve the working of the website and for the benefit of users.
Likewise, Houm Hotels can modify these General Conditions or the Particular Conditions applied to a service or content, with a notification in the website through an advice. The modifications will not have a retrospective character and will apply from the date of their publication. If you do not accept the modified conditions of a service you will not be provided with that service. We recommend you check out periodically the conditions of use of the website.
3. USE OF THE WEBSITE, ITS SERVICES AND CONTENTS.
The user commits himself to the use of the website, its services and contents according to the regulations in force, the moral, the good manners and the public order, as well as to not contravene the provisions of this legal notice and the conditions that complement, modify or substitute them. As a consequence, the User likewise undertakes not to use the Website for unlawful or illegal purposes, purposes that harm the rights of third parties or that harm the functioning of the website or the services offered here, the rest of users, Houm Hotels and/or its image.
In general, the provision of services does not imply the previous register of the users. However, Houm Hotels may request the users’r register or the filling in of some forms for the use of some services. In any case, the register will be done as indicated in the service or in the particular conditions that regulate it, the user being committed to provide true valid and updated information. The user will be the only responsible of the false or inexact data he provides and of the harms he causes to Houm Hotels or to third parties.
Regarding the contents (information, texts, graphics, sound and/or image files, photos, designs, etc) it is forbidden to:
1. Reproduce, copy, distribute, communicate, transform or modify them without previous authorisation of the owners or without legal authorisation.
2. Infringe the rights of Houm Hotels or of its legitimate owners.
3. Use those contents with commercial or advertising purposes different to those legally permitted.
4. Try to obtain the contents of the website by any means different to those offered to the users, as well as to those usually used in the net, whenever they do not harm the website of Houm Hotels and/or the services or contents.
4. RESPONSIBILITY OF THE USER FOR HARMS AND PREJUDICES AND GROUND FOR EXCLUSION
The user is the only responsible for the use of the website, Houm Hotels being hereby exempted from the harms and/or prejudices to the user or to third parties derived from a use of the website on contradiction of this Legal Notice and of the particular conditions applicable. This responsibility is also applicable to the use of any password or similar devise for the access to the website, or to the use of any of its services.
The website may offer the user links to other websites managed by third parties. The purpose of those links is to facilitate the users the search of information, contents or services on the Internet. Thus, they shall not be considered an invitation to visit the links. Houm Hotels does not commercialise, manage or control the contents, services and information on those websites.
Thus, Houm Hotels accepts no responsibility or liability with regard to the harms that may derive from the access, maintenance, use, quality, or legality of those contents, informations, opinions or services provided on those websites and not managed by Houm Hotels accessible from the website.
Those accessing an hiperlink to another website from any of the websites of Houm Hotels are committed to the following conditions:
1. The total or partial reproduction of any of the services on our website is forbidden
2. No deep-links, IMG or frame links on the website will be accepted prior authorisation from Houm Hotels
3. Those links will not include false, inexact or incorrect information about the websites of Houm Hotels, its employees, services or contents.
4. Except for those signs that are part of the “hiperlink”, the website that contains it will not include any brand, trademark, logo of the establishment, slogan or any distinctive sign belonging to Houm Hotels, except prior authorisation.
5. The acceptance of those links will not imply the existence of commercial relations between Houm Hotels and the owner of the website where it is established, or the acceptance by Houm Hotels of the services and information on those websites.
6. Houm Hotels is not responsible for the contents or services offered on the website of the “hyperlink”, or from the information and contents of those websites.
7. The website which contains the “hiperlink” will not contain illicit information or contents, contrary to moral and good manners generally accepted by the public.
8. Any “hiperlink” to the website will be done to its main page or to the main pages of its sections.
6. INTELLECTUAL PROPERTY
All the brands, commercial names or distinctive signs of any type on the website are property of Houm Hotels or of its licensees. Thus, the access to the website thus not give any right to the user over the mentioned brands, commercial names and/or distinctive signs. The brands included in the website are subject to the regulations on force regarding intellectual property, their reproduction or use prior authorisation of the owner being forbidden.
Likewise, the contents and information on the website are property of Houm Hotels or its licensees, thus the rights of exploitation over this information cannot be provided to the user in compliance with the provisions of this legal advise, beyond what is strictly necessary for the correct use of the website and of the services it contains.
Houm Hotels is compromised with the protection of the intellectual property and industry online. With this aim, Houm Hotels implements high security standards in order to protect the contents provided in its website. However, extraordinary situations may occur for reasons not attributable to Houm Hotels. In this regard, in order to preserve the rights of intellectual property, in case a user considers its legitimate rights have been violated please notify Houm Hotels at the address above mentioned.
The rights of intellectual property of the website www.houmhotels.com and of all the elements considered under the law of intellectual property belong exclusively to Houm Hotels, who is the owner of all the rights of intellectual property.
As the exclusive owner of the intellectual rights of the website, Houm Hotels has the exclusive right of exercise derived from the property of www.houmhotels.com and the right to authorise any activity derived from its rights of exploitation, reproduction, communication, distribution or transformation in any format used.
Any reference to the rights of industrial property of third parties, including on the website, implies the recognition by Houm Hotels to the owners of the rights of intellectual and industry property. However, its inclusion or reference in the website will not imply the right or responsibility by Houm Hotels over them, with prior authorisation and whenever this inclusion has not advertising purposes.
The legitimacy of the rights of industrial or intellectual property regarding the contents provided by third parties is of their exclusive responsibility.
Internet users who access the website may access the information it contains and download information on their system, whenever the reproduced elements are not provided to third parties or are installed in a server connected to the internet or to a local network. Notwithstanding the provisions of this legal notice, the distribution, modification and communication of all or part of the information published in the website is forbidden without prior authorisation.
The user shall use the contents and informations on the website on in a correct and licit manner and with personal and not commercial purposes, whenever the content, the origin, copyright and other data regarding the rights of Houm Hotels or of third parties are modified or deleted. All reproductions, copies, distribution or publication of the content published in the website is forbidden without prior authorisation by Houm Hotels.
7. EXCLUSION OF RESPONSIBILITY AND GUARANTIES
HOUM HOTELS IS NOT COMMITTED TO THE AVAILABILITY OF THE SERVICES OFFERED TO THE USER ON THE WEBSITE, THUS IT DENIES ALL RESPONSIBILITY FOR THE HARMS AND/OR PREJUDICES THAT MAY DERIVE FROM THE LACK OF AVAILABILITY, LAWFULNESS OR CONTINUITY OF THE SERVICES. HOWEVER, IT MAY FACILITATE, WHENEVER POSSIBLE, TECHNICAL ASSISTANCE TO THE DAMAGED PERSON, AND IT MAY REESTABLISH THE INTERRUPTION, OFFERING ALTERNATIVE MEANS. IN ANY CASE HOUM HOTELS WILL BE RESPONSIBLE FOR THE LOSS, HARMS OR PREJUDICES OF ANY TYPE DERIVED FROM THE ACCESS AND/OR USE OF THE WEBSITE OR THE BOOKING CENTRE. THE CLIENT MAY ADDRESS THE RECEPTION OF THE HOTEL OR THE EMAIL email@example.com TO MAKE ANY CLAIMS.
HOUM HOTELS IS NOT COMMITTED TO THE CONTROL OF THE ABSENCE OF VIRUSES OR ELEMENTS IN THE CONTENTS THAT MAY ALTER THE SOFTWARE OR HARDWARE OF THE USERS WHO VISIT THE WEBSITE. THUS, IT WILL NOT BE LIABLE FOR ANY DAMAGES DERIVED FROM THE FOREGOING.
Likewise, Houm Hotel is not liable for the damages and prejudices of any nature derived from:
1. The lack of use or validity of the website and/or of the services provided in order to satisfy the users’ expectations.
2. The receptions, provision or transmission by the users of the contents or of the violation of the rights of intellectual, industrial, honour, personal and family intimacy, data protection, image, property or of any of the rights of third parties.
3. The illicit use contrary to these General Conditions of the website or of the services provided to the users.
4. The lack of quality, effectiveness, availability of the services offered by third parties and provided to the user on the website and /or its contents.
5. The failure of third parties to comply with their obligations regarding the services provided to the users through the website.
6. The opinions shared by the users in chats and opinion messages that may be active in any areas of the website.
7. The knowledge non-authorised third parties may have of the class, conditions, characteristics and circumstances of the use of this website and/or its services.
The activities and services offered by Houm Hotels, which focus on the perfect development of its objectives, requires the treatment of personal data from the users, which are provided for the provision of services offered on the website, as well as the provision of those data to third parties, including international parties. Those data will be collected and treated in an automatic file owned by CAN MONER DE S’ARENAL, S.A., domiciled at Son Rigo Avenua 13, 1º 07610 Playa de Palma, Illes Balears, España. In this regard, Houm Hotels is committed to the confidential treatment of those personal data and to the application of security measures required by the Spanish regulation regarding the treatment and storing of personal data.
IN ANY CASE, THE PURPOSE OF THE COLLECTION AND TREATMENT OF THE DATA PROVIDED BY THE USERS IS DETAILED AT THE MOMENT OF THE BOOKING OF THE SERVICE OFFERED ON THE WEBSITE IN A SPECIFIC PRIVACY CLAUSE THAT THE USER WILL HAVE TO ACCEPT IN ORDER TO CONFIRM THE RESERVATION OF THE SERVICE.
Likewise, the owners of the data have the right to access the file and may exercise the right of cancellation, modification or disagreement according to the regulations of data protection, contacting the General Marketing Direction on the address indicated above, or via email to firstname.lastname@example.org, prior identification (Ref. Data Protection). The consent of the user for the treatment and provision of its personal data will be revocable at any time in compliance with the provisions of articles 6 and 11 of the Organic Law 15/1999 of the 13th of December of the Personal Data Protection, through the same means mentioned above.
9. Applicable legislation and regulations
These General conditions are bound to the Spanish legislation.
Houm Hotels and the user, expressly waiving any other jurisdiction, are bound to the Jurisdiction of the Juries of Palma de Majorca for any actions that may derive from the provisions of services of the website and from the interpretation, application and compliance with the provisions of this document. In the case of the user being resident of a country not member of the European Union, Houm Hotel and the User, expressly waiving any other jurisdiction, are bound to the Jurisdiction of the Juries of Palma de Majorca