LEGAL DISCLAIMERS1. Information Society Services Law 34/2002 (LSSICE)
Sagatu Asociados Comercial Hotelera SL with Tax ID B-63751853 and Inversiones Naron 2003 SL with Tax ID B-63566244, in compliance to what is stipulated in article 10 of the LSSICE informs you that the former is a company registered in the Barcelona Company Register in Volume 37.795, Folio 0085, Sheet B-305370, Registration 6, resides in Barcelona at calle Paris nº 120, 1ª, C.P 08036 and the latter, also registered in the Barcelona Company Register in Volume 36751 Folio: 136, Sheet: 285270 also resides in Barcelona at calle Paris nº 120, 1ª, C.P 08036 (hereinafter SERCOTEL). You can contact us at Tel. 933636363, Fax 933636360 and by e-mail at info@sercotel.com. The above-mentioned companies are owners of the sercotel.com domain name and the www.sercotel.com website that is accessed through said domain. SERCOTEL HOTELS is a registered trademark owned by GVGT Asociados SL.2. Conditions of use
The terms 'You' and 'User' are used here to refer to any individual and/or entity that accesses this website for any reason. Sercotel aims to bring the Sercotel Hotel world closer to the user. That is why Sercotel makes information and services concerning our hotels, such as online room reservation, pre-reservation service, hotel locator, locator by rates, Convention and Conference Room Pre-reservation, Customer Service and Job Search available through www.sercotel.com (hereinafter “the services”). The use of the website and/or its services implies full acceptance and validity without reservation of each and every one of the General Conditions compiled in the latest updated version of these Conditions of use. That is why the user must be aware of the importance of reading them every time he visits our website. The access and/or use of specific services offered to the user (hereinafter the user) in sercotel.com may be subject to certain conditions that, depending on the circumstances, substitute, modify and/or complete these Conditions of use. That is why the user, prior to accessing and/or using these services and contents must read and accept these conditions. 2.1 The user agrees to use the www.sercotel.com website and those services available through it according to Law, moral codes, norms of good behaviour and public order, as well as what is stipulated in the present Conditions of use. Consequently, the user is bound not to use the www.sercotel.com website or services for illicit purposes or effects and/or contrary to what is stipulated in the present Conditions of use, harmful to the rights and/or interests of third parties or that, in any way, may damage the www.sercotel.com website and/or its image, hinder its normal use or that of the services accessible through it to the rest of the users.2.2 Sercotel may, to better operate www.sercotel.com and benefit users, unilaterally modify, at any time and without prior warning, the services provided or any substantial aspect of the present website, or conditions of operation, technology and use of www.sercotel.com services. Likewise, in order to improve service and establish an optimum level of quality, Sercotel Hotels’ main objective, users may suggest modifications they consider useful by sending an e-mail to info@sercotel.com. 2.3 www.sercotel.com users must observe any instruction given by e-mail, www.sercotel.com, Sercotel Hotels or its duly authorized staff.3. Electronic Commercial Communications
At Sercotel, we follow a permission marketing policy. We, therefore, request your consent with respect to electronic Commercial Communications we may send you. We inform you, according to what is stipulated in articles 20 and 21 of the LSSICE, that the data that you provide shall be used to carry out said commercial communications concerning our services that may be of interest to you. Therefore, you give your consent for the delivery of electronic commercial communications (E-mail, SMS, etc…) for the products and services we offer, as well as others related to the hotel, travel, cuisine and leisure sector. Likewise, you consent that the personal data you provide be transferred to Sercotel Group companies and associates for the above-mentioned purposes. All the Sercotel Group companies and associates are referenced on our website www.sercotel.com. All this notwithstanding the right that you have to revoke at any time the consent given for the reception of commercial communications by writing to the address mentioned above or to info@sercotel.com.4. Reasons for Exclusion
Sercotel reserves the right to exclude users, temporarily or definitively, due to any of the following: Noncompliance of any of the General Conditions of Use established in the present document. Noncompliance of laws, moral codes and public order, including but not limited to the use of our website or our services to include (i) copyright infringement material or material that infringes on any other Intellectual or Industrial Property right, (ii) offensive material or material which threatens public security and national defence, (iii) material advocating terrorism, racism, or other discriminatory behaviour due to race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, (iv) material that threatens youth and infancy, particularly pornographic, especially that which threatens minors, (v) material that is threatening, defamatory or incites violence. According to what is established in LSSI, Sercotel shall proceed to interrupt service as soon as it has actual knowledge that an illicit activity is taking place or that the possessions or rights of third parties are abused. The user’s exclusion shall not presume that Sercotel Hotels shall refrain from carrying out the corresponding legal actions or corresponding legal indemnifications.5. Right to Modify Conditions of use
Sercotel Hotels reserves the right to unilaterally modify, without prior warning, any of the terms and conditions of the present Conditions of use, under the terms and conditions it considers convenient, informing the users through www.sercotel.com about the modifications carried out.6. Intellectual Property and Copyright
All the information contained in www.sercotel.com, its graphic design and code in HTML, JAVA, JAVA Script or Active X language is protected by copyright or other intellectual property protection rights. These rights exclusively pertain to Sercotel Hotels or their licensees. Internet users that access this website can view the information it contains and download or privately copy material into their computer, as long as the copied elements are not subsequently transferred to third parties or installed in a server connected to Internet or a local network. The distribution, modification, transfer, public communication, copy or any other act of a part or all the information published in www.sercotel.com is prohibited without prior authorization by Sercotel Hotels, notwithstanding what is stipulated in the present Conditions of use. The user must use the contents and information in www.sercotel.com in a diligent, correct and lawful way only for personal non-commercial use, as long as the content or font, copyright and other identifying data of Sercotel Hotels or third party rights are not eliminated or modified; in other words, respecting its original form. Any reproduction or copy, distribution or publication of any kind of the content published in www www.sercotel.com without prior written authorization by Sercotel Hotels is prohibited. Authorization to reproduce can be requested at info@sercotel.com. If any user or third party considers that any of the existing content in www.sercotel.com has been entered in violation of copyright or other intellectual property protection rights, we request you inform Sercotel Hotels about the incident notifying info@sercotel.com and including, at least, the following: a) Claimant’s name, address, telephone number and e-mail address. b) Data of the holder of the copyright or other intellectual property protection rights that could have been infringed. c) Indication of the infringed contents and location in the www.sercotel.com website. d) Statement that the entry of contents has been carried out without the express authorization of the holder of the copyright or other intellectual property rights. Notwithstanding what is indicated in the preceding paragraphs, Sercotel reserves the right to defend itself against claims based on current legislation concerning advertising and copyright or other intellectual property rights.7. Hyperlinks
7.1 If www.sercotel.com links to third-party advertising or websites, Sercotel is not bound to control and does not previously control, approve or appropriate the services, contents, data, archives, products or any other existing material in third party websites. Therefore, Sercotel shall not be responsible, under any circumstance, for the legality of the contents of that website. It is the exclusive responsibility of the third party. This includes but is not limited to respect for the legality, moral codes, good behaviour and public order of the contents, and no harm toward any rights of third parties. The existence of a hyperlink does not imply a relationship of any kind between Sercotel and the owner of the website. 7.2 Those users or third parties that want to link to the www.sercotel.com website must guarantee that the link only allows access to www.sercotel.com web pages or services, but does not carry out, among other things, content reproduction, deep-links, browsers, inexact or incorrect displays of www.sercotel.com contents or website. Except for the signs that are part of the link, the user shall guarantee that the website in which the link is made shall not contain brands, trade names, store signs, designations, logos, slogans or any type of distinctive sign pertaining to Sercotel Hotels.8. Exclusion of Guarantees and Liability
8.1 Sercotel does not guarantee the reliability, availability or continuity of its website operation or the products or services made available to the user. Therefore, it is not liable for damages of any nature that may be due to the lack of availability, reliability or continuity of its website or its services, although it shall attempt to facilitate, within its means, technical assistance to the affected person. Sercotel shall not be liable for the interruption of service, suspension, temporary server breakdown or termination of information or services or the possible omissions, information, data or configuration losses, illegal access or infringement of confidentiality that are due to technical, communication or human omission problems caused by third parties or not attributable to Sercotel. 8.2 Sercotel Hotels is not bound to control and does not previously control viruses or elements in contents that may produce alterations in software or hardware of users or persons that visit the website. Therefore, it shall not respond to damages of any nature that may result from them. 8.3 Sercotel is not bound to control and does not previously control, approve or appropriates the services, contents, data, archives, products or any kind of material that exists in third party websites. Therefore, Sercotel shall not be responsible, under any circumstance, for the legality of the contents of those websites. It is the exclusive responsibility of the third party. This includes but is not limited to respect for the legality, moral codes, good behaviour and public order of the contents, and no harm toward any rights of third parties. According to LSSICE, Sercotel shall not be liable for the information to which we can forward to it if we do not have actual knowledge that the activity or information which we forward to it is unlawful or damages the possessions or rights of third parties. It is understood that there is “actual knowledge”, according to LSSICE, when a competent agency has declared the unlawfulness of the data, ordering their removal or preventing access to them, or when the existence of the damage had been declared and Sercotel was aware of the corresponding resolution. 8.4 Sercotel is not bound to control and does not control or guarantee the reliability, availability or continuity of the operation of the products or services available to the user by third parties housed outside of www.sercotel.com. Therefore, it excludes any liability for damages of any nature that can be due to the lack of availability, reliability, or continuity of its website or its services. The user shall respond to damages of any kind that Sercotel may have as a result of noncompliance by the user of the law or any general condition compiled in this agreement.9. Safeguarding the Conditions of use
If one of the stipulations of the present Conditions of use is declared null or inoperative, the rest of the Conditions shall be maintained according to the agreed upon terms. Sercotel agrees to substitute the affected stipulation for nullity, approximating as closely as possible the initially pursued intention of the parties.10. Personal Data Protection Policy
Sercotel has its data protection policy defined according to what is stipulated in Organic Law 15/99 of Personal Data Protection and Royal Decree 1720/2007 that the said Law details with respect to the data that you freely and voluntarily provide through our website. To consult our policy click here.11. Applicable Law and Competent Jurisdiction
These Conditions of use are governed by Spanish Law. For the resolution of any controversy that may arise with respect to its validity, execution, compliance or resolution, total or partial, Sercotel Hotels and users submit themselves, expressly renouncing their own jurisdiction or any other that, in their case, may correspond to them, to the competence of the Courts and Tribunals of Barcelona, the capital of Catalonia. This contract is the complete and entire expression of the agreement between Sercotel Hotels and the user and substitutes all the previous pacts, commitments, manifestations or agreements, written as well as oral, that have previously existed between the parties.
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