La Masieta Restaurant 2020, S. L., the party responsible for the website (hereinafter referred to as La Masieta), provides this document to users, intending to comply with the obligations set out in Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce (LSSICE), as well as to inform all Website users about the Terms and Conditions of Use.
Any person accessing this Website assumes the role of User, committing themselves to the strict observance and compliance with the provisions set out herein, as well as any other applicable legal provision.
La Masieta reserves the right to modify any type of information that may appear on the website without any obligation to give advance notice or inform users of such changes, with the publication on La Masieta’s Website being deemed sufficient.
1. IDENTIFICATION DETAILS
Company Name: La Masieta Restaurant 2020, S. L.
Trade Name: Hotel La Masieta
Tax Identification Number (NIF): B55772560
Address: Avenida del Doctor Pujol, 16 · 43839 Creixell (Tarragona), Spain
Telephone: (+34) 977 80 10 11
Email: hotel@lamasieta.es
Tarragona Commercial Registry: Volume: 3193 Book: 0 Page 177 Sheet t-55495, Entry 1
2. PURPOSE
Through this Website, we offer Users the possibility of accessing information about our hotel, its rooms and services, and, at the same time, the option to make reservations using the booking engine implemented by the external company Mirai España, S. L.
3. PRIVACY AND DATA PROCESSING
When it is necessary to provide personal data to access certain content or services, Users shall guarantee its truthfulness, accuracy, authenticity, and validity. La Masieta will process this data automatically according to its nature or purpose, under the terms indicated in the Privacy Policy section.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges and accepts that all content displayed on the Website, especially designs, text, images, logos, icons, buttons, software, trade names, trademarks, or any other signs capable of industrial and/or commercial use, are subject to Intellectual Property rights. All trademarks, trade names, or distinctive signs, all industrial and intellectual property rights over the content and/or any other elements inserted into the Website, are the exclusive property of La Masieta and/or third parties, who have the exclusive right to use them in economic traffic.
Consequently, the User undertakes not to reproduce, copy, distribute, make available, or in any other way publicly communicate, transform, or modify such content, holding the company harmless from any claim arising from the breach of these obligations.
In no case does access to the Website imply any form of waiver, transmission, license, or total or partial assignment of said rights, unless expressly stated otherwise. These General Terms and Conditions of Use of the Website do not grant Users any other right to use, alter, exploit, reproduce, distribute, or publicly communicate the Website and/or its contents other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to prior and express authorisation specifically granted for that purpose by the company or by the third party holding the affected rights.
The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this Website, as well as the Website itself as a whole, as a multimedia artistic work, are protected by intellectual property copyright legislation. La Masieta owns the elements that make up the graphic design of the website, the menus, navigation buttons, the HTML code, the texts, images, textures, graphics, and any other content on the Website, or, in any case, has the corresponding authorisation for the use of these elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or on any medium, unless prior written authorisation from La Masieta has been obtained.
It is also prohibited to remove, circumvent, and/or manipulate the “copyright” as well as the technical protection devices, or any information mechanisms that the content may contain. The User of this Website undertakes to respect the stated rights and to avoid any action that could prejudice them. La Masieta reserves the right in all cases to exercise whatever legal means or actions are necessary to defend its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE WEBSITE USER
The User undertakes to:
- Make appropriate and lawful use of the website, as well as the content and services, in accordance with: (I) the legislation applicable in each case; (II) the General Terms and Conditions of Use of the Website; (III) morality and generally accepted good customs, and (IV) public order.
- Provide themselves with all the means and technical requirements necessary to access the website.
- Provide truthful information when completing the personal data forms contained on the Website and to keep them updated at all times so that they always reflect the User’s real situation. The User shall be solely responsible for any false or inaccurate statements they make and for the damage caused to the company or third parties by the information they provide.
In addition to the provisions of the preceding section, the User must also refrain from:
- Making unauthorised or fraudulent use of the Website and/or its content for illicit purposes or effects, prohibited in these General Terms and Conditions of Use, detrimental to the rights and interests of third parties, or that may in any way damage, disable, overload, deteriorate, or impede the normal use of the services or documents, files, and all kinds of content stored on any computer equipment.
- Accessing or attempting to access restricted resources or areas of the Website without meeting the conditions required for such access.
- Causing damage to the physical or logical systems of the Website, its suppliers, or third parties.
- Introducing or spreading computer viruses or any other physical or logical systems on the network that are liable to cause damage to the physical or logical systems of the company, suppliers, or third parties.
- Attempting to access, use, and/or manipulate the data of the company, third-party providers, and other Users.
- Reproducing or copying, distributing, allowing public access through any form of public communication, transforming, or modifying the content, unless the authorisation of the owner of the corresponding rights has been obtained or it is legally permitted.
- Removing, hiding, or manipulating the notes on intellectual or industrial property rights and other identifying data of the company’s or third parties’ rights incorporated into the content, as well as the technical protection devices or any information mechanisms that may be inserted into the content.
- Obtaining or attempting to obtain the content using means or procedures other than those which, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the content is found, or, in general, those habitually employed on the Internet because they do not entail a risk of damage or disablement of the Website and/or the content.
- In particular, and merely as an indication and not exhaustive, the User undertakes not to transmit, disseminate, or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: 1) In any way is contrary to, disregards, or infringes upon fundamental rights and public freedoms recognised constitutionally, in international treaties, and in the rest of the current legislation; 2) Induces, incites, or promotes criminal, disparaging, defamatory, violent actions or, in general, actions contrary to the law, morals, generally accepted good customs, or public order; 3) Induces, incites, or promotes discriminatory actions, attitudes, or thoughts based on sex, race, religion, belief, age, or condition; 4) Incorporates, makes available, or allows access to criminal, violent, offensive, harmful, degrading products, elements, messages, and/or services, or, in general, products, elements, messages, and/or services contrary to the law, morality and generally accepted good customs, or public order; 5) Induces or may induce an unacceptable state of anxiety or fear; 6) Induces or incites involvement in dangerous, risky, or harmful practices for health and psychological equilibrium; 7) Is protected by intellectual or industrial protection legislation belonging to La Masieta or third parties without the intended use having been authorised; 8) Is contrary to the honour, personal and family privacy, or the self-image of individuals; 9) Constitutes any type of advertising; 10) Includes any type of virus or program that impedes the normal functioning of the Website.
If the User is provided with a password to access some of the services and/or content of the Website, they are obliged to use it diligently, keeping it secret at all times. Consequently, they shall be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or content by unauthorised persons. They are likewise obliged to notify the company of any fact that may constitute improper use of their password, such as, by way of example, its theft, loss, or unauthorised access, in order to proceed with its immediate cancellation. Consequently, until the aforementioned notification is made, La Masieta shall be exempt from any liability that may arise from the improper use of the password, with the User being responsible for any unlawful use of the content and/or services of the Website by any illegitimate third party. If any of the obligations established in these General Terms and Conditions of Use are breached negligently or fraudulently, the User shall be liable for all damages and losses that may arise for La Masieta from said breach.
6. LIABILITIES
Continuous access is not guaranteed, nor is the correct viewing, downloading, or usefulness of the elements and information contained in the Website that may be impeded, hindered, or interrupted by factors or circumstances that are beyond the control of La Masieta. La Masieta is not responsible for the decisions that may be adopted as a consequence of accessing the offered content or information.
La Masieta reserves the right to temporarily suspend, and without the need for prior notice, access to our Website in the event of carrying out maintenance, repair, update, or improvement operations of the services, information, and content, as well as to modify or update the information, content, and access conditions of the same.
We are responsible for the information, content, products, or services directly originated by us and included on this Website, committing ourselves to offer them with the highest standards of quality and service.
The service may be interrupted, or the relationship with the User terminated immediately, if it is detected that the use of this Website, or any of the services offered therein, is contrary to these General Terms and Conditions of Use. La Masieta is not responsible for damages, losses, claims, or expenses derived from the use of the Website. It will only be responsible for removing, as soon as possible, content that may generate such damage, provided that it is notified as such.
In particular, La Masieta is not responsible for damages that may arise, among others, from:
- Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks, or disconnections in the operation of the electronic system, motivated by deficiencies, overloads, and errors in telecommunication lines and networks, or by any other cause beyond the control of La Masieta.
- Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
- Improper or inadequate abuse of the Website.
- Security or navigation errors caused by a malfunction of the browser or by the use of outdated versions of it. The administrators of the Website reserve the right to remove, totally or partially, any content or information present on it.
La Masieta shall not be liable for damages of any nature that may be due to the misuse of the freely available and usable services by the Users of the Website. Likewise, it is exonerated from any responsibility for the content and information that may be received as a consequence of the data collection forms, these being solely for the provision of inquiry and query services. On the other hand, in case of causing damage due to unlawful or incorrect use of said services, the User may be subject to a claim for the damages caused.
The User shall hold La Masieta harmless against any damages and losses arising from claims, actions, or demands from third parties as a consequence of their access or use of the Website. Likewise, the User undertakes to indemnify against any damages and losses arising from their use of robots, spiders, crawlers, or similar tools used to gather or extract data or any other action on their part that imposes an unreasonable burden on the operation of the Website.
7. HYPERLINKS
The User undertakes not to reproduce the Website, or any of its contents, in any way, not even through a hyperlink, without the express written authorisation of La Masieta.
The Website may include links to other websites, managed by third parties, in order to facilitate the User’s access to information from collaborating and/or sponsoring companies. Accordingly, La Masieta is not responsible for the content of said web spaces, nor is it in a position of guarantor and/or offering party for the services and/or information that may be offered to third parties through third-party links.
The User is granted a limited, revocable, and non-exclusive right to create links to the main page of the Website exclusively for private and non-commercial use. Websites that include links to our Website (I) may not misrepresent their relationship or state that such a link has been authorised, nor include trademarks, denominations, trade names, logos, or other distinctive signs of La Masieta; (II) They may not include content that can be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race, or religion, contrary to public order, or illicit; (III) They may not link to any page of the Website other than the main page; (IV) They must link to the Website’s own address, without allowing the linking website to reproduce the Website as part of its own website or within one of its “frames” or create a “browser” on any of the Website pages. La Masieta may request, at any time, that any link to the Website be removed, after which the User must immediately proceed with its removal.
La Masieta cannot control the information, content, products, or services provided by other websites that have established links to this Website.
8. DATA PROTECTION
To use some of the services (room reservation), the User must first provide certain personal data. La Masieta will process this data automatically and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD, and LSSI. The User can access the policy followed regarding the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES
La Masieta reserves the right to use cookies technology on the Website, in order to recognise the User as a frequent user and personalise the use they make of the Website by pre-selecting their language, or more desired or specific content. The User can choose whether or not to allow the installation of cookies on their computer, with the exception of those technical cookies strictly necessary for correct navigation of the Website.
Cookies are small files sent to a browser, by means of a web server, to record the User’s navigation on the Website, when the User permits their reception. If the User wishes, they can configure their browser to be notified on screen of the reception of cookies and to prevent their installation on their hard drive. Please consult the instructions and manuals of your browser for more information.
Thanks to cookies, when accepted by the User, it is possible to recognise the browser used by the User in order to facilitate content and offer the User’s navigation preferences (or advertising, if applicable), their demographic profile, as well as to measure visits and traffic parameters, control progress, and the number of entries. All this data is useful for improving the Website’s content, as well as its usability and effectiveness.
10. FORCE MAJEURE
La Masieta shall not be responsible in any case for the impossibility of providing service due to prolonged interruptions of electricity supply, telecommunication lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government and, in general, all cases of Force Majeure or Act of God.
11. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Use, as well as the use of the Website, shall be governed by Spanish law. For the resolution of any dispute, the parties shall submit to the Courts and Tribunals of La Masieta’s registered office.
In the event that any stipulation of these General Terms and Conditions of Use is deemed unenforceable or void by virtue of the applicable legislation or as a result of a judicial or administrative resolution, said unenforceability or nullity shall not render these General Terms and Conditions of Use unenforceable or void as a whole. In such cases, La Masieta will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and intention reflected in the original stipulation.