Pursuant to the provisions of Spanish Law 34/2002, of 11 July, on Information Services and Electronic Commerce, the following information is provided:
1.1. The terms and conditions below regulate the access and use of this Website www.bahia-principe.com (hereinafter Website), which is operated by the legal entity VIAJES GTI GRUPO TURÍSTICO INTERNACIONAL S.A. (hereinafter Cayo Levantado Resort), and through which it provides information society services. CAYO LEVANTADO RESORT holds VAT no. A30350714 and its registered office is at Plaza Mediterráneo, 5 07014 Palma de Mallorca (Balearic Islands), Spain. It is registered in the Companies Register of Palma de Mallorca, volume 2410, sheet 67, page PM-65088.
1.2. The expression "Website" includes, by way of description but not limited to, the data, texts, graphics, images, animations, musical creations, videos, sounds, drawings, photographs, trademarks, commercial names, domain names and others included in it, and, in general, all creations, whether original or not, expressed by any means or medium, tangible or intangible, regardless of whether or not they are subject to protection under the current Spanish Intellectual Property Law or any other industrial property law.
1.3. Access to the Website implies that the User acquires a series of rights and obligations, in order to guarantee the adequate enjoyment of the services and contents found on it, which CAYO LEVANTADO RESORT makes available to the User free of charge.
1.4. Users are aware that access to and use of the services and contents of the site is under their sole and exclusive responsibility.
1.5. The status of "User" is acquired through access to the Website. The User will use the services and contents exclusively for private purposes and/or by reason of the legal relationship that binds him/her to CAYO LEVANTADO RESORT, excluding any form of subsequent use of the same for profit or to obtain any benefit, direct or indirect.
1.6. CAYO LEVANTADO RESORT informs the User of the following General Terms and Conditions of Use, which are expressly and fully accepted by the User by the mere fact of accessing the Website and/or viewing the contents or using the services contained in the Website.
In the event that these General Terms and Conditions are replaced by others in whole or in part, such new General Terms and Conditions shall be deemed to have been accepted in the same manner as set out above. However, the User of the Website must access these General Terms and Conditions periodically in order to know the successive versions included here, although the User is encouraged to access them each time he or she intends to access or make use of the services and contents of the Website.
In case the User does not accept these General Terms and Conditions or, the Specific Terms and Conditions that regulate the use of a certain service and/or content intended for the Users of the Website and determined by CAYO LEVANTADO RESORT, the User will refrain from accessing the Website and/or using the services made available to him/her.
1.7. CAYO LEVANTADO RESORT may establish any Specific Terms and Conditions governing the use and/or contracting of specific services offered to Users through the Website. In addition, CAYO LEVANTADO RESORT may enable third parties to advertise or provide their services through the Website. In these cases, CAYO LEVANTADO RESORT will not be responsible for establishing the General and Specific Terms and Conditions to be taken into account in the use, provision or contracting of these services by third parties and, therefore, it cannot be held liable for them.
1.8. The User must establish the appropriate technical security measures to avoid undesired actions in their information system, files and computer equipment used to access the Internet and, especially, the Website, being aware that the Internet is not totally safe.
2. PURPOSE OF THE WEBSITE
2.2. Through this Website, CAYO LEVANTADO RESORT operates various hotel services offering free information on its tourist products and services. The User may also book and hire/acquire the products and services offered on the Website.
2.3. In general, the services and contents offered through the Website will be available in Spanish, without prejudice to the possibility - subject to CAYO LEVANTADO RESORT's reservation - of offering them in the other official regional languages, as well as in another language spoken in the European Union.
2.4. CAYO LEVANTADO RESORT may amend unilaterally and without prior notice, the provision, configuration, content and services of the Website, as well as its terms and conditions for use and access to the services provided, without prejudice to the provisions of the specific terms governing the use of a particular service and/or content.
The cost of telephone access or other expense relating to the connection to the Website, if any, shall be borne exclusively by the User.
3. RIGHTS AND OBLIGATIONS OF BAHIA PRINCIPE HOTELS & RESORTS
5.2. CAYO LEVANTADO RESORT may not be held liable for damages of any kind caused by the services provided by third parties through this Website, and in particular, but not limited to, those caused by: (I) failure to comply with the law, morality or public order; (II) introduction of viruses or any other computer code, file or program that may damage, interrupt or prevent the normal operation of any software, hardware or telecommunications equipment; (III) infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind; (IV) carrying out acts that constitute illegal, misleading or unfair advertising and, in general, that constitute unfair competition; (V) the lack of truthfulness, accuracy, quality, relevance and/or timeliness of the content transmitted, disseminated, stored, received, obtained, made available or accessible; (VI) the infringement of the rights to honor, personal and family privacy and image of individuals or, in general, any rights of third parties; (VII) the unsuitability for any kind of purpose and the disappointment of the expectations generated, or the vices and defects that could be generated in the relationship with third parties; and (VIII) the non-fulfillment, delay in the fulfillment, defective fulfillment or termination for any reason of the obligations contracted by third parties and contracts made with third parties.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY
6.2. The brands, trademarks, commercial names or distinctive signs that appear on the Website are the property of CAYO LEVANTADO RESORT or, where applicable, of third parties, and are protected by current industrial property laws.
6.3. The provision of services and publication of contents through the Website shall not under any circumstances imply the assignment, waiver or transfer, in whole or in part, of the ownership of the corresponding intellectual and industrial property rights by CAYO LEVANTADO RESORT and/or its legitimate third-party owners.
6.4. Under no circumstances may the User make any use or utilization of the services and contents existing in the Website that is not exclusively personal, with the exceptions determined in these General Terms and Conditions of Use of this Website or in the Specific Terms and Conditions that CAYO LEVANTADO RESORT may establish to regulate the use of a certain service and/or content offered through the Website.
6.5. No part of this Website may be reproduced, distributed, transmitted, copied, publicly communicated, transformed, in whole or in part by any manual, electronic or mechanical system or method (including photocopying, recording or any information storage and retrieval system) through any medium now known or hereafter devised, without the consent of CAYO LEVANTADO RESORT. The use, under any form, of all or part of the content of the Website is subject to the need to request prior authorization from CAYO LEVANTADO RESORT and/or legitimate third party owners and the acceptance of the corresponding license, if applicable, except for the provisions regarding the rights recognized and granted to the User in these General Terms and Conditions or what is determined in the Specific Terms and Conditions that CAYO LEVANTADO RESORT may establish to regulate the use of a certain service and/or content offered through the Website.
11.2. The fact that CAYO LEVANTADO RESORT does not demand at any given time compliance with any of the conditions established in these General Terms and Conditions or, where applicable, the Specific Terms and Conditions governing the use of a particular service and/or content intended for Users of the Website, cannot be interpreted by the User as a waiver of the right to demand compliance with such conditions at a later date.
These General Terms and Conditions are governed by Spanish law.
The parties expressly and unequivocally waive their own jurisdiction and submit to the Courts and Tribunals of Palma de Mallorca (Capital) for the resolution of any lawsuits or disputes that may arise from the use, services and/or products contained in this Website.