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.libertyhotelsitges.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: Liberty Sitges S.L. (hereinafter: „Liberty Hotel Sitges”).
Adress: Calle Isla de Cuba 45, 08870 Sitges
Telephon: +34 936 76 69 50
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::
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.
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.
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.
The User will not disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.
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.
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.
The User will not impersonate other Users by using their registration data for the different services and/or content on the Website.
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.
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 Liberty Hotel Sitges 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. Liberty Hotel Sitges reserves the right to request compensation for any corresponding damage.
Liberty Hotel Sitges 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
Liberty Hotel Sitges 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 Liberty Hotel Sitges 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..
Liberty Hotel Sitges 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, Liberty Hotel Sitges 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 Liberty Hotel Sitges 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 Liberty Hotel Sitges with the opinions, content or services provided.
Liberty Hotel Sitges 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 Liberty Hotel Sitges.
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 Liberty Hotel Sitges 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, Liberty Hotel Sitges 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 Liberty Hotel Sitges 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 Liberty Hotel Sitges 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:
Select the characteristics of the booking for the stay in the hotel and proceed with the booking.
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.
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. 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.
8.3. Other considerations
Liberty Hotel Sitges 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. Data controller
The controller of all data collected on this website is:
Owner: Liberty Sitges S.L. (hereinafter: „Liberty Hotel Sitges”).
Adress: Calle Isla de Cuba 45, 08870 Sitges
Telephon: +34 936 76 69 50
The personal data shared on this website is used for the following purposes:
To facilitate the maintenance, development, and management of the business relationship formalized in order to provide products and/or services through this website. Data treated for this purpose will be stored throughout the duration of said relationship; upon its termination, data previously collected will be stored in accordance with data storage policies and limitations as established by law.
To respond to requests for information and/or queries made by the User. Data treated for this purpose will be stored until said request and/or query has been answered.
To keep the User informed, including through the use of e-mail, about products, services, and news pertaining to Liberty Hotel Sitges. Data treated for this purpose will be stored until the User revokes the consent previously given to receive such communications.
The legitimacy of the data treatment policies specified above is substantiated by the legal bases below:
Fulfillment of the contractual obligations assumed by the User and by Liberty Hotel Sitges.
Legitimate interest in the User’s information request or query being answered.
The User’s express consent to receive said communications.
Legitimate interest in the consideration of the User’s application for employment
User data provided on this site will not be shared with third parties.
The User may exercise before Liberty Hotel Sitges the rights of access, rectification, erasure, restriction of data and data portability; objection; and rights in relation to automated decision-making, including profiling.
Similarly, in the case of User data treated on the basis of the User’s express consent, the User retains the right to revoke said consent at any time, without affecting the lawfulness of the treatment of data collected prior to the User’s subsequent revocation
To exercise these rights, the User may send a request to Calle Isla de Cuba, 08870 Sitges or via e-mail by writing to the e-mail address email@example.com.
In all circumstances, the User retains the right to file a complaint before the relevant data control authority wherever this is considered appropriate.
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. Liberty Hotel Sitges 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.