Legal Notice
Legal information and acceptance
In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the identifying data of the company are set out below. This website is made available to users by the entity, whose identifying data are:
- Corporate Name: Nueva Hotel Bellamar S.L.
- Tax ID: B-93099521
- Registered office: Avda. Ramón y Cajal, 3. 29601 Marbella (Málaga)
- Phone: 952771250
- Email: info@obalhotel.com
- Registration Details: Registered in the Mercantile Registry of Malaga, on February 7, 2011, Volume 4844, Book 3752, Folio 193, Section 8, Sheet MA107952, I/A 1
The present legal notice contains the general conditions that govern access to and use of this website, hereinafter “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the specific conditions that may apply to some of the specific services of the website.
Access to the website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and access to them is restricted.
The use of the Portal attributes the status of portal user (hereinafter, the ‘User’) and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the moment in which the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time they intend to use the Portal, as this Legal Notice and its conditions of use may be modified.
Some services of the Portal accessible to Internet users or exclusive to clients of Nueva Hotel Bellamar, S.L, may be subject to specific conditions, regulations, and instructions that, if applicable, replace, complete and/or modify this Legal Notice and must be accepted by the User before the provision of the corresponding service begins.
2. Intellectual and Industrial Property
This website and the content it hosts are protected by current legislation on intellectual property.
Nueva Hotel Bellamar, S.L is the owner or licensee of all intellectual and industrial property rights of its website, as well as the elements contained in it. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website for commercial purposes, on any support and by any technical means, without the authorization of Terms and Conditions is expressly prohibited.
The brands, trade names or distinctive signs are owned by Nueva Hotel Bellamar, S.L either by industrial or intellectual property, without it being understood that access to the Portal attributes any rights to said brands, trade names and/or distinctive signs.
All products and services on these pages that are NOT owned by Nueva Hotel Bellamar, S.L are trademarks of their respective owners and are acknowledged as such by our company. They only appear on the Nueva Hotel Bellamar, S.L website for promotional and informational purposes. These owners may request the modification or removal of their information.
3. Terms of use of the portal
3.1 General
The User undertakes to make a correct use of the Portal in accordance with the Law and this Legal Notice. The User will be responsible to Nueva Hotel Bellamar, S.L. or third parties, for any damages that may be caused as a result of non-compliance with this obligation.
It is expressly forbidden to use the Portal for purposes that are harmful to the assets or interests of Nueva Hotel Bellamar, S.L. or third parties, or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Nueva Hotel Bellamar, S.L. or third parties.
3.2 Contents
The User agrees to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
For merely enunciative purposes, the User must refrain from, in accordance with current legislation:
- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorized by law or expressly consented by Nueva Hotel Bellamar, S.L or by whoever holds the exploitation rights, if applicable.
- Reproduce or copy the Contents that may be considered as Software or Database for private use in accordance with current legislation on intellectual property, as well as their public communication or provision to third parties when these acts necessarily involve reproduction by the User or a third party.
- Extract and/or reuse all or a substantial part of the Contents that are part of the Portal as well as the databases that Nueva Hotel Bellamar, S.L makes available to Users.
3.3 Introduction of links to the Portal
Internet users who want to add links from their own web pages to the Portal must comply with the conditions detailed below, and ignorance of these conditions does not exempt them from the responsibilities arising from the Law:
- The link will only link to the home page or main page of the Portal, but may not reproduce it in any way (online links, copying texts, graphics, etc).
- In any case, it will be prohibited, according to the applicable legislation in force at all times, to establish frames or any kind of frames that wrap around the Portal or allow the visualization of the Contents through Internet addresses different from those of the Portal, and in any case, when they are visualized together with contents external to the Portal in a way that: (I) causes, or may cause, error, confusion or deception in users about the true origin of the service or Contents; (II) implies an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and prestige of Nueva Hotel Bellamar, S.L or (IV) in any other way is prohibited by current legislation. No false, inaccurate or incorrect statements will be made from the page that introduces the link about Nueva Hotel Bellamar, S.L, its partners, employees, customers or about the quality of the services it provides.
- In no case will it be expressed on the page where the link is located that Nueva Hotel Bellamar, S.L has given its consent for the insertion of the link or that in any other way sponsors, collaborates, verifies or supervises the services of the sender.
- The use of any denominative, graphic or mixed trademark or any other distinctive sign of Nueva Hotel Bellamar, S.L within the sender’s page is prohibited, except in cases permitted by law or expressly authorized by Nueva Hotel Bellamar, S.L and provided that, in these cases, a direct link to the Portal is allowed in the manner established in this clause.
- The page that establishes the link must fully comply with the law and may not in any case have or link to its own or third-party content that: (I) is illegal, harmful or contrary to morals and good manners (pornographic, violent, racist, etc.); (II) induce or may induce the User to the false conception that Nueva Hotel Bellamar, S.L subscribes, endorses, adheres to or in any way supports, the ideas, statements or expressions, lawful or unlawful, of the sender; (III) are inappropriate or not relevant to the activity of Nueva Hotel Bellamar, S.L considering the place, contents and theme of the sender’s website.
4. Disclaimer
4.1 Information
Nueva Hotel Bellamar, S.L is not responsible for the decisions made based on the information provided on the Portal or for any damages caused to the User or third parties as a result of actions based solely on the information obtained on the Portal.
4.2 Quality of service
Access to the Portal does not imply the obligation on the part of Nueva Hotel Bellamar, S.L to control the absence of viruses, worms or any other harmful computer element.
It is the User’s responsibility, in any case, to have the appropriate tools available for detecting and disinfecting harmful computer programs.
Nueva Hotel Bellamar, S.L is not responsible for damages caused to Users’ or third parties’ computer equipment during the provision of the Portal service.
4.3 Availability of the Service
Access to the Portal requires third-party services and supplies, including transportation through telecommunications networks whose reliability, quality, continuity, and operation are not the responsibility of Nueva Hotel Bellamar, S.L. Therefore, the services provided through the Portal may be suspended, canceled, or become inaccessible, prior to or simultaneously with the provision of the Portal service.
Nueva Hotel Bellamar, S.L is not responsible for any damages or harm of any kind caused to the User as a result of failures or disconnections in the telecommunications networks that result in the suspension, cancellation or interruption of the Portal service during its provision or beforehand.
4.4 Of the content and services linked through the Portal
The access service to the Portal includes technical linking devices, directories and even search instruments that allow the User to access other internet pages and portals (hereinafter, ‘Linked Sites’). In these cases, Nueva Hotel Bellamar, S.L acts as a service provider in accordance with article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the content and services provided on the Linked Sites to the extent that it has actual knowledge of their illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illicit or inappropriate content, they may inform Nueva Hotel Bellamar, S.L according to the procedure and effects established in clause 6, without this communication in any case implying the obligation to remove the corresponding link.
Under no circumstances should the existence of Linked Sites presuppose the existence of agreements with the responsible parties or owners of such sites, nor the recommendation, promotion or identification of Nueva Hotel Bellamar, S.L with the statements, content or services provided.
Nueva Hotel Bellamar, S.L does not know the contents and services of the Linked Sites and therefore is not responsible for damages caused by the illegality, quality, obsolescence, unavailability, error and uselessness of the contents and/or services of the Linked Sites nor for any other damage that is not directly attributable to Nueva Hotel Bellamar, S.L.
5. Data Protection
You can check our obalhotelmarbella.com/privacy-policy Data Protection policy.
To know the use we make of your personal data.
6. Communication of illegal and inappropriate activities
In the event that the User or any other Internet user becomes aware that the Linked Sites refer to pages whose contents or services are illegal, harmful, degrading, violent or contrary to morality, they may contact Nueva Hotel Bellamar, S.L indicating the following:
- Personal information of the complainant: name, address, telephone number, and email address.
- Description of the facts that reveal the illegal or inappropriate nature of the Linked Site.
- In case of violation of rights, such as intellectual and industrial property, personal data of the holder of the infringed right when it is a person other than the complainant.
- It must also provide the title that proves the legitimacy of the rights holder and, if applicable, the representation to act on behalf of the holder when it is a person other than the complainant.
- Express statement that the information contained in the complaint is accurate.
7. Notifications
All notifications and communications made by the parties will be valid in accordance with the means admitted in Law. Those related to the present Portal will be considered effective, for all purposes, if they are made through the Portal itself.
8. Modifications
Nueva Hotel Bellamar, S.L reserves the right to make modifications to its website without prior notice, being able to change, remove, or add both the contents and services provided through it as well as the way in which they are presented.
On the other hand, the present terms and conditions may change at any time. The modifications will come into effect from the moment of their publication.
Social Networks
Nueva Hotel Bellamar, S.L is present on various social networks and platforms, therefore, when accessing any of these or other networks, it must be taken into account that the applicable terms of use are those established by each platform, in which Nueva Hotel Bellamar, S.L does not intervene.
10. Legislation
The present Legal Notice is governed in each and every one of its aspects by Spanish law. As long as the applicable law allows the waiver of the established legal jurisdiction, the courts of Malaga are designated as the jurisdiction to resolve any disputes, with the user expressly waiving any other jurisdiction that may correspond.
Dispute resolution online according to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.
