GENERAL TERMS OF USE

GENERAL TERMS OF USE (GENERAL CONDITIONS OF WEBSITE): WWW.SERAWAHOTELS.COM

1.- AIM.

These general terms of use (hereinafter CGU), regulate the access and use of the Website under the domain WWW.SERAWAHOTELS.COM (hereinafter Website), owned by SERAWA HOSPITALITY, S.L. (hereinafter SERAWA), made available to the users (hereinafter User/s).

If you have any doubts or queries related to the use and access to the Website or these CTU, you can contact us through the contact details published in the Legal Notice.

2.- AGREEMENT WITH THESE GENERAL TERMS AND CONDITIONS:

The use of this Website implies the full acceptance by the User of the existing CTU at the time the User accessed to this Website. Therfore, If you do not agree with any of the terms and conditions set forth herein, you should refrain from using this Website.

Consequently, the User must read the CGU carefully each time he/she intends to use the Website.

In any case, SERAWA reserves the right to modify the GTU, at any time without prior notice. Furthermore, SERAWA reserves the right to suspend, discontinue or cease to operate the Website

at any time.

By “use of the Website”, we mean any User who accesses and browses this Website regardless of whether or not he/she fills in the registration forms.

3.- CONDITIONS FOR ACCESS AND USE OF THE WEBSITE AND ITS CONTENTS.

The access to the Website and/or the Contents included in it, does not imply any kind guarantee with respect to suitability of the Website and/or the Contents included in it, for specific or particular purposes of the Users.

SERAWA may establish additional limitations and/or conditions for use and/or access to the Website and/or the Contents, which must in all cases be observed by Users.

3.1.- Access and Use of the Website.

Unless otherwise provided, the use of the Website shall be free of charge, without prejudice to the connection through the corresponding telecommunications network contracted by the User.

The User acknowledges that he/she is over eighteen years of age and is also aware and voluntarily and explicitly accepts that the use of the Website is in any case under his/her sole and exclusive responsibility.

The User undertakes to comply with the GTU, as well as to comply with the special warnings or instructions contained on the Website and to always act in accordance to the law, good customs and the requirements of good faith, using his/her best efforts taking into account the nature and consideration of the service he/she enjoys. To this end, Users shall refrain from using the Website in any way that may impede, damage or deteriorate the normal functioning of this Website, the goods or rights of SERAWA, its suppliers, its distributors, the rest of Users, or any third party in general.

Specifically and without implying any restriction to the obligation assumed by the User in accordance with the preceding section, the User undertakes to:

  1. Not enter, store or disseminate, on or from the Website, any information or material that is defamatory, libellous, obscene, threatening, xenophobic, pornographic, in support of terrorism, inciting violence, discrimination to race, gender, ideology, religion or that in any way violates the form, fundamental rights, public freedoms, honour, privacy or the image of third parties and in general, the regulations in force.
  2. Not enter, store or disseminate through the Website any computer programme, data, virus, code or any other electronic or physical instrument or that may cause damage to the Website, to any of the services, or to any of the equipment, systems or networks of SERAWA, of any User, of the Suppliers or Distributors of SERAWA or in general of any third party, capable of causing any type of alteration or preventing the normal operation of this Website.
  3. Not enter, store or disseminate through the Website any content that infringes intellectual and industrial property regulations, or the rights of third parties, or in general, any content for the User does not hold, in accordance with the law, the right to make available to third parties.

3.2.- Access and Use of Content.

The Contents of the Website are available to the User with information from both own and third party sources.

SERAWA endeavours to ensure that the Contents are of the highest possible quality and are reasonably updated, but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.

4.- INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS.

No intellectual or industrial property rights over the Website or any of its constituent elements are transferred by means of these GTU, and the User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, resending, or using any of them by any means or procedure, except in cases where this is legally permitted or is authorised by the owner of the corresponding rights.

The User may view and obtain a temporary private copy of the Contents for his/her exclusive personal and private use on his/her computer systems (software and hardware), provided that this is not for the purpose of carrying out any commercial or professional activities. The User shall refrain from obtaining, or attempting to obtain, the Contents by means or procedures other than those which in each case was made available or indicated for that purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of damaging or disabling the Website). The User must, at all times, respect all intellectual and industrial property rights over the Website, owned by SERAWA or third parties.

5.- EXCLUSION OF GUARANTEES AND LIABILITY.

5.1.- Exclusion of Guarantees and Liability for the Operation of the Website.

SERAWA does not guarantee the availability and continuity of the functioning of the Website and the services and Contents offered therein, nor that the contents existing on the Website are updated, and is exonerated from any liability for damages or harm, of any nature, that may arise from such circumstances.

SERAWA will carry out all those tasks aimed at rectifying the errors, re-establishing communication and/or updating the aforementioned contents, provided that there are no circumstances that prevent or complicate the performance and will do as soon as it becomes aware of any errors, disconnections and/or lack of updating of the contents.

Likewise, SERAWA does not guarantee either the technical reliability of its Website, nor access to its different pages, and is likewise exonerated from liability for damages or any kind that may arise for this reason.

Furthermore, SERAWA shall not be liable for any possible errors or security deficiencies that may occur due to the use by the User of a browser with an ot-of-date or insecure version of the same or for any damage, errors or inaccuracies that may arise from the malfunctioning of the browser.

In order to reduce the risk of viruses being introduced into the Website, said platform uses virus

detection software to check all the Contents that it enters into the Website. However, SERAWA does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to SERAWA that may cause alterations in the hardware or software systems of the Users or in the electronic documents and files stored in the system. Consequently, SERAWA shall in no case be liable for any damages of any kind that may dervie from the presence of viruses or other elements that may cause alterations in the software or hardware systems, electronic documents, or files of the Users.

SERAWA adopts various protection measures to protect the Website, the data gathered and the Contents against computer attacks by third parties. However, SERAWA does not guarantee that unauthorised third parties will not have access to the type of use or browsing of the Website by the User or the conditions, characteristics and circumstances in which it is carried out. Consequently, SERAWA shall in no case be liable for any damages that may arise from such unauthorised access.

SERAWA shall not be liable under any circumstances for the use that Users and/or third parties may make of the Website or the Contents to, nor for any damages that may derive from the same.

5.2.- Exclusion of Guarantees and Liability for Contents.

SERAWA does not edit Contents of third parties published on the Website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy completeness, and timeliness of said Contents, not for the Contents owned by SERAWA. SERAWA shall in no case be liable for any damages that may arise from: (i) the lack of lawfulness, truthfulness, accuracy, completeness, and/or timeliness of the Contents originated by third parties and its own; (ii) the unsuitability for any purpose and the disappointment of expectations generated by the Contents; (iii) decisions or actions taken or avoided by the User, in reliance on the information or data provided in the Contents, including without limitation, lost profits or business opportunities.

6.- HYPERLINKS

Persons intending to establish Hyperlinks between their web page and the Website must observe and comply with the following conditions:

    1. Prior authorisation is not required where the Hyperlink only allows access to home page of the Website, but may not to reproduce it in any form. Any other form of Hyperlink requires the express and unequivocal written authorisation of SERAWA.
    2. The Website on which the Hyperlink is established may only contain strictly the necessary to identify the destination of the Hyperlink.
    3. The Website on which the Hyperlink is established will not contain information or content that is illegal, contrary to morals and generally accepted good customs and to public order, neither will it contain content contrary to any third parties rights.

iv. SERAWA reserves the right to block the Hyperlinks to the Website which do not have express prior authorisation, even if they comply with the provisions of the point of the General Terms and Conditions.

7.- ACTIONS IN THE EVENT OF A NON-COMPLIANCE.

SERAWA reserves the right to exercise whatever actions are legally available to demand responsabilities derived from the breach by the User of any of the provisions of these General Terms and Conditions of the Website.

8.- PARTIAL NULITY.

The declaration of any of the clauses contained in these General Terms and Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining, which shall continue to be binding between the parties.

9.- APPLICABLE LAW AND JURISDICTION.

These CTU shall be governed in accordance with Spanish legislation.

For the resolution of any dispute relating to the conditions of use and access to this Website contained in this document of the Website’s GTU, the parties submit, expressly waiving any other jurisdiction to which they may entitled, unless otherwise determined by law, to the Courts of València.

10.- NOTIFICATIONS.

SERAWA designates the address specified in the Legal Notice as the contact address for the purposes of delivering the pertinent notifications.

The e-mail address provided by the User during the registration process on the Website, will be used by SERAWA for the purpose of sending notifications to the User.

The User is obliged to keep the data referred to in this clause duly updated for the purposes of notifications.

All the Notifications made by SERAWA to the User shall be deemed to have been validity delivered if they have been made using the data and by the means indicated above. SERAWA shall not be liable for any damage that may arise from the User‘s failure to keep their contact details up to date.

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