General Terms and Conditions of Use and Purchase
These General Terms and Conditions of Use and Purchase (hereinafter "the General Terms") govern access to and use by the user (hereinafter "the User") of the website www.midtownapartments-barcelona.com (hereinafter, "the Website"), and the purchase of products and services through same. By accepting these General Terms, the User states:
- That they have read, understood and accept the conditions herein;
- That they are an individual with the legal capacity to enter into a contract;
- That they agree to abide by all of the obligations listed here.
The use of the Website bestows the condition of User of the Website and implies the acceptance of all of the terms included in these General Terms. The User should read these General Terms carefully each time they access the Website, as the Website and the General Terms are subject to change.
The owner of the Website reserves the right to make any changes to, or to update, the content and services offered, these General Terms and in general any of the elements that make up the design and configuration of the Website, at any time and without prior notice.
1. General information concerning the Website
In line with the regulations set out in article 10 of Law 34/2002 of 11 July concerning information society services and electronic commerce, the general information concerning the Website is provided below:
Owner: JOSEL, S. L. U. (hereinafter, “Núñez y Navarro”).
Address: Urgell, 230 - 08036 Barcelona
Fiscal ID No.: B08236127
Mercantile registry information: Registre Mercantil de Barcelona, Tom 36.980, Foli 75, Full 24.568, Secció 2ª, Inscripció 88ª
E-mail address: firstname.lastname@example.org
Telephone: (+34) 93 552 26 20
2. Access to the Website
Simple access to the Website is free of charge except in regard to connection costs via the telecommunications network provided by the internet access provider contracted by the User.
3. Registration requirements
In general, simple access to the content of the Website does not require any registration on the part of the User, although the use of specific services may be conditional on prior registration.
Data entered by the User should be exact, up to date and correct at all times. If the registered User is allocated a password, the User will be responsible at all times for its safekeeping, with the User liable for any damages that might result from its unauthorised use or for its transfer, disclosure or theft. To this effect, access to restricted areas and/or the use of services and content carried out using the password of a registered User will be assumed to be carried out by said registered User, who shall be liable in all cases for said access and use.
4. Regulations for use of the Website
The User undertakes to use the Website and all of the content and services of same in line with legal, moral and public order conditions and those set out in these General Terms. In addition, the User undertakes to make appropriate use of the services and/or content of the Website and to refrain from using them for unlawful or criminal activities, activities that contravene the rights of third parties and/or activities that constitute an infringement of intellectual and industrial property law, or any other legal regulations that may be applicable.
The User undertakes to abide by the following conditions, including but not limited to:
I. The User will not enter or disseminate content or propaganda that is racist, xenophobic, pornographic, sympathetic to terrorism or that constitutes an infringement of human rights.
II. The User will not enter or disseminate via the internet data programs (viruses and malware) that could cause damage to the computer systems of the access provider, their service providers or third-party users of the internet network.
III. The User will not disseminate, transmit or provide third parties with any type of information, element or content that might constitute a breach of the fundamental rights and public freedoms recognised by the Spanish constitution and international treaties.
IV. The User will not disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.
V. The User will not transmit unsolicited or unauthorised advertising, advertising material, "spam", "chain mails", "pyramid schemes" or any other form of solicitation, except in those areas (such as commercial spaces) that are exclusively intended for these purposes.
VI. The User will not enter or disseminate any information or content that are false, ambiguous or inexact in a way that would lead recipients of the information to commit errors.
VII. The User will not impersonate other Users by using their registration data for the different services and/or content on the Website.
VIII. The User will not disseminate, transmit or provide third parties with any type of information, element or content that might constitute a breach of intellectual and industrial property rights, patents, brands or copyright held by the owners of the Website or by third parties.
IX. The User will not disseminate, transmit or provide third parties with any type of information, element or content that implies a violation of the confidentiality of communications or data protection laws.
The User undertakes to compensate Núñez y Navarro for any possible complaint, fine, penalty or sanction to which the company may be subject as a result of failure on the part of the User to comply with any of the conditions of use listed above. Núñez y Navarro reserves the right to request compensation for any corresponding damages.
Núñez y Navarro reserves the right to prohibit any User who infringes the rules and obligations set out in these General Terms from using the services offered through the Website.
5. Exclusion from liability
Núñez y Navarro accepts no liability for the updating of this Website to keep the information up to date, nor does the company guarantee that the information published is accurate or complete. The User should therefore confirm that the information published is accurate and complete before taking any decision in relation to any service or content described on this Website.
Access by the User to the Website does not imply an obligation on the part of Núñez y Navarro to ensure the absence of viruses, worms or any other harmful elements. The User is at all times responsible for ensuring access to appropriate tools for the detection and clean-up of harmful computer programs.
Núñez y Navarro shall accept no liability for damages caused to software and computer equipment owned by Users or third parties during the use of the services offered on the Website, nor for damages of any type caused to the User resulting from failures or disconnection in the telecommunications network leading to the suspension, cancellation or interruption in the Website service during the provision of the service or prior to this.
6. Links to content and services through the Website
The service of access to the Website includes technical devices for links, directories and search engines that enable the User to access other Internet sites and portals (hereinafter "Linked Sites"). In such cases, Núñez y Navarro shall only be responsible for the content and services provided on the Linked Sites where the company has effective knowledge of any unlawful activity and has failed to duly deactivate the link. Should the User consider that a Linked Site contains unlawful or inappropriate content, they can inform Núñez y Navarro of this. In no case shall such communication imply the obligation to remove the corresponding link.
In no case shall the existence of Linked Sites imply the entry into agreements with those responsible for or the owners of said sites, nor the recommendation, promotion or identification of Núñez y Navarro with the opinions, content or services provided.
Núñez y Navarro is unaware of the content and services provided on Linked Sites and therefore accepts no liability for damages caused by the unlawful nature, quality, failure to update, unavailability, error or useless nature of the content and/or services on the Linked Sites or for any other damage that is not directly attributable to Núñez y Navarro.
In those cases where the User can access or is redirected to Linked Sites that allow the contracting of services and/or products, the User knows and accepts that Núñez y Navarro is a simple intermediary by facilitating this access and shall not be liable either indirectly or jointly for damages of any type resulting from the free use and/or contracting of said services and products from third parties, or for the unlawful nature, unreliability, lack of usefulness, untruthfulness, inexact nature, inexhaustive or not up-to-date nature of these. By way of example and by no means exhaustively, Núñez y Navarro shall not accept liability for damages of any type resulting from insufficient compliance or failure to comply with contractual commitments entered into by third parties; from unfair competition or prohibited advertising; from failure to meet or defrauding of expectations of these services and products provided by third parties or from any faults or defects of any kind that may affect these.
7. Intellectual and industrial property
All content of the Website, including but not limited to the text, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, together with the graphic design and source code, are the intellectual property of Núñez y Navarro or third parties. None of the rights of use recognised by current intellectual property law applicable to these may be considered to be assigned to the User.
All brands, trade names and distinctive symbols are the property of Núñez y Navarro or third parties and access to the Website shall not be construed as attributing any rights to these.
8. Contracting services through the Website
The following procedure should be followed by the User to contract services through the Website:
1. Select the characteristics of the booking for the stay in the hotel and proceed with the booking.
2. The page may show different offers to be selected by the User. The page shows prices expressed in euros. Select the service according to the availability offered.
4. The user will receive confirmation of their order by a message displayed on-screen and receipt of an e-mail sent to the account provided during the purchase process.
8.2 Price and form of payment
Unless express indication is given to the contrary, the prices quoted on the Website do not include the applicable VAT. Payment will be made by credit card.
8.3 Exclusion of the right to withdrawal
In accordance with article 93.2 b) of the revised text of the Spanish General Law for the Protection of Consumers and Users and other complementary laws, right to withdrawal does not apply to contracts for the supply of services of accommodation, transport, food or recreation when the company undertakes to fulfil the contract by supplying said services on a specific date or for a determined period of time, which is the case for this Website.
8.4 Other considerations
These General Terms are only available to the User in the languages (insert).
Núñez y Navarro shall store electronic proof of acceptance of these General Terms on the part of the User, which will not be available to same.
9.1 Inclusion of personal data in files belonging to (insert)
In accordance with the provisions of Spanish Organic Law 15/1999 of 13 December governing the protection of personal data (hereinafter "LOPD"), the User is informed that all personal information provided by the User through the Website will be included in and processed as files belonging to Núñez i Navarro Hotels (hereinafter "Núñez y Navarro") for the following purposes: to enable the provision of the products and services requested by the User and any other request made by same, and to keep the User informed, including by electronic means, of the services provided by Núñez y Navarro who may also send the User information concerning the products and services of the companies within its trading group, all of which belong to the hotel and property management sectors. If you do not wish to receive this type of communication, this can be indicated by e-mail to email@example.com. All information requested by the Website must be filled in to ensure the optimum provision of the services available to the User. If all of this information is not provided, Núñez y Navarro cannot guarantee that the information and services stated can be provided, will be provided correctly or will meet the requirements of the User.
9.2 Exercising of rights
The User may exercise their right of access, correction, cancellation and opposition as laid out in the LOPD by written communication to Núñez i Navarro Hotels - Urgell, 230 - 08036 Barcelona; or by e-mail communication to firstname.lastname@example.org. In both cases the User in question should enclose a copy of their national identification document, passport or other valid document confirming their identity.
9.3 Prohibition of registering for minors
Minors aged under 18 should not provide their personal data to Núñez y Navarro without prior consent from their parent or guardian. If you are a minor, please first ask your parents or guardians to contact us.
9.4 Communication of data by the User
The cookies used by the Website are associated only with an anonymous user and their computer, which means that the cookies do not contain any of the User's personal data.
The User has the option to configure their browser so that they will be advised of the receipt of cookies and can prevent these being installed on their computer. Please consult your browser's instructions and user manuals for more detailed information.
To use the Website the User does not need to enable the installation of cookies sent by the Website or the third party acting on behalf of Núñez y Navarro, without prejudice to the need for the User to begin a new session as such for each of the services that require prior registration or login.
10. Null and void clauses
If any clause included in these General Terms should be declared totally or partially null or void, this shall only affect the provision or part of a provision in question that is null or void. The remaining General Terms shall remain valid and the provision that is partially or entirely null or void shall be considered omitted.
11. Applicable legislation and competent jurisdiction
These General Terms are governed by and interpreted in accordance with Spanish law. Núñez y Navarro and the User undertake to submit any dispute concerning access, use and/or contracting of services through the Website to the courts and tribunals of Barcelona, Spain, except where the law states otherwise.