Please read this document carefully. It serves as the Legal Notice and Conditions for Use (the "Legal Notice") regulating access, navigation, and use of the www.bayhotels.es website of the company BAY HOTELS & LEISURE SOCIMI, S.A. (the "Website").
Access to, navigation, and use of the Website imply your express and unreserved acceptance of all the terms of this Legal Notice, which will have the same validity and effectiveness as any written and signed contract.
Compliance with it will be enforceable of any person who accesses, navigates, or uses the Website. If you disagree with these terms, please do not access, navigate, or use the Website.
1. INTRODUCTION AND INFORMATION ON THE COMPANY
BAY HOTELS & LEISURE SOCIMI, S.A (“BAY”), holder of tax identification number A-57869513, , is an entity registered in the Palma de Mallorca Commercial Registry, in general volume 2,579, page 95, section 3, sheet PM-74.356 and with registered office in Madrid, Calle Serrano, 30-2º izqda., 28001.
2. PURPOSE AND SCOPE
This Legal Notice regulates access to the contents and all the services offered by BAY HOTELS through the Website, as well as their use by the Users. However, BAY HOTELS reserves the right to change the presentation, layout, and contents of the Website, as well as the terms and conditions required for access and/or use. Access to and use of the contents after the coming into force of any changes in the terms and conditions entail their acceptance.
In this regard, User (or Users in the plural) will mean a person who accesses, navigates, uses, or participates in the free or paid services and activities carried out on the Website.
3. ACCESS AND USE OF THE WEBSITE
3.1. Access to the Website
Access to the contents and use of the services and initiatives provided by the Website is free, although some of the services and contents offered by BAY HOTELS to third parties through the Website may be subject to previous purchase and payment of an amount, which will be specified in their terms and conditions. .
3.2. Use of the Website
The User agrees to use the Website in accordance with the law and the terms of this Legal Notice. The User also agrees to refrain from using the Website for unlawful purposes or purposes contrary to the provisions in this Legal Notice. By using the services, the User declares that they agree with this Legal Notice, and agree not to transfer, disseminate, or make available to third parties through the services provided through the URL www.bayhotels.es any materials that in any way breach the legislation in force.
The User also accepts, expressly and unreservedly, that access to and use of the Website take place under their sole and exclusive responsibility, and agrees not to use the Website for fraudulent purposes, as well as not to perform any conduct that might harm the reputation, interest, and rights of BAY HOTELS or of third parties. The User also agrees not to perform any action to damage, render useless, or overload the Website or prevent in any way its normal use and operation.
The User is hereby informed that if the contents of this Legal Notice or any other specific terms and conditions given in the Website, BAY HOTELS reserves the right to limit, suspend, or terminate their access to the Website, taking any technical measure required for this purpose. BAY HOTELS also reserves the possibility of taking these measures is the User is reasonably suspected to be breaching any of the terms and conditions given in the instruments described above.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
This Website is governed by Spanish Law and by national and international intellectual and industrial property law. The User’s access to and navigation on the Website or the User’s use, acquisition. and/or purchase of BAY HOTELS products or services offered on the Website will under no circumstances be considered to imply a waiver, transfer, licence, or total or partial assignment of these rights by BAY HOTELS. The User has a strictly private right, exclusively to enjoy the service under this Legal Notice.
Any reference to registered trademarks, logos, or other distinctive signs, whether they are the property of BAY HOTELS or of third-party companies, entail the prohibition of their use without the consent of BAY HOTELS or of their legitimate owners. At no time, unless expressly stated, will access to or use of the Website and/or of its contents and/or services grant the User any right over the trademarks, logos, and/or distinctive signs protected by Law included in it.
All rights of Intellectual and Industrial Property over the contents and/or services are reserved. In particular, it is forbidden to modify, copy, reproduce, disseminate, transform, or distribute in any way all or part of the contents and/or services included in the Website, for public or commercial purposes, without the previous and express authorisation in writing of BAY HOTELS or, if applicable, the holder of the relevant rights.
7. LICENCE OVER COMMUNICATIONS
In the event that the User sends information of any kind to BAY HOTELS through the Website, through the channels provided on the Website for that purpose, the User represents, warrants, and accepts the following: that he or she has the right to do so freely; that the information does not infringe any intellectual property rights, trademarks, patents, trade secrets, or any other third party right; that the information is not confidential; and that the information is not harmful to third parties. The User acknowledges that he or she accepts liability for and will hold BAY HOTELS harmless for any communication provided personally by the User or on his or her behalf. This unrestricted liability will cover the accuracy, legality, originality, and ownership of these communications.
8. LIABILITY AND GUARANTEES
BAY HOTELS cannot guarantee the reliability, utility, or truth of the services or the information provided through the Website. Consequently, BAY HOTELS does not guarantee and is not liable for:
(i) The continuity of the Website contents.
(ii) The absence of errors in the contents and/or products.
(iii) The absence of viruses and any other harmful elements on the Website or its server.
(iv) The invulnerability of the Website and/or the impregnability of the security measures adopted therein.
(v) The lack of usefulness or performance of the Website contents and products.
(vi) Any harm that may be caused to an individual or to a third party by the individual’s breach of the terms and conditions, rules, and instructions set forth by BAY HOTELS on the Website, or by a breach of the Website’s security systems.
Nevertheless, BAY HOTELS represents that it has taken all necessary measures, within the limits of its capabilities and the current state of technology, to ensure the operation of the Website and to avoid the existence and transmission of viruses and other elements that are harmful to Users.
If the User is aware of the existence of any unlawful or illegal content or content that could imply a infringement of intellectual and/or industrial property rights, the User will immediately notify BAY HOTELS in the form specified in the clause so that BAY HOTELS can proceed to take the appropriate Measures.
9.1. Links to other websites
If the User finds links to other websites through different buttons, links, banners, etc. through the Website, these would be managed by third parties. BAY HOTELS does not have the capacity or the human or technical means to be familiar with, supervise, or approve all information, content, products, or services provided by other websites to which links may be placed on the Website.
Consequently, BAY HOTELS cannot accept any liability for any aspect involving a website to which a link may be placed on the Website. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.
In this regard, if Users have actual knowledge of the unlawfulness of activities carried out through these third-party websites, the Users will immediately notify BAY HOTELS so that the link to the website can be removed.
The placement of any kind of link from the Website to a third-party website does not imply that there is any kind of relationship, cooperation, or dependence between BAY HOTELS and the person responsible for the external website.
9.2. Links to the Website on other websites
If any User, entity, or Website wishes to place any kind of link to the Website, it must comply with the following requirements:
The link may only be directed to the Website’s Home Page, unless expressly authorised in writing by BAY HOTELS.
The link must be absolute and complete. That means it must lead the User, with one click, to the Website’s URL, and it must lead to the Website’s full Home Page. Unless expressly authorised in writing by BAY HOTELS, the Website placing the link may in no case reproduce the Website in any way, include it as part of its website or within one of its “frames”, or create a “browser” on any of the pages of the Website.
The website that places the link may not declare in any way that BAY HOTELS has authorised the link, unless BAY HOTELS has done so expressly and in writing. If the entity placing the link from its website to the Website wishes to correctly include on its website BAY HOTELS’s brand, company name, trade name, sign, logo, slogan, or any other kind of element identifying BAY HOTELS and/or the Website, it will receive prior, express, written authorisation.
BAY HOTELS does not authorise the placement of a link to the Website from websites containing materials, information, or content that are unlawful, illegal, degrading, obscene, and in general, that are contrary to morality, public security, or generally accepted social norms.
BAY HOTELS does not have the capacity or the human or technical means to be familiar with, supervise, or approve all information, content, products, or services provided by other websites that may have links to the Website. BAY HOTELS does not accept any liability for any aspect involving a website that places a link to the Website. This specifically includes but is not limited to the following: the website’s operation, access, data, information, and files; the quality and reliability of its products and services; its own links; and/or any of its content, in general.
10. COMMUNICATION OF UNLAWFUL OR INADEQUATE ACTIVITIES
Should the User or any other Internet user become aware that any information or contents on the Website or provided through it are unlawful or inadequate, they can contact BAY HOTELS via email at email@example.com, specifying the following:
- Reporting party's personal data: name, address, telephone, and email address.
- Description of the fact that show the unlawful or inadequate nature of the contents or information, as well as the specific address where they are available.
- In the case of a breach of third-party rights, such as intellectual or industrial property, the data of the holder of the infringed right must be provided when it is someone other than the reporting party. Proof of ownership of the rights breached must also be provided, as well as the power of attorney to act on behalf of the right holder when the right holder is not the reporting party.
Reception by BAY HOTELS of the communication stipulated in this clause will not imply, as stated in LSSI, actual knowledge of the activities and/or contents reported by the notifier, when they are not obvious. In any case, BAY HOTELS reserves the right to suspend or withdraw any contents that, despite not being unlawful, breach the rules established in this Legal Notice, considering in each case the legal goods in conflict.
11. TERM AND AMENDMENTS
BAY HOTELS may amend these terms and conditions, in whole or in part, by publishing any change in the same way in which this Legal Notice is published, or using any kind of communication directed to the Users. The term of this Legal Notice is the same, therefore, as the period during which it is visible, until it is fully or partially amended, at which time the amended Legal Notice will take effect.
Regardless of the provisions of the specific terms, BAY HOTELS may terminate or suspend access to the Website content at any time and without prior notice; the User may not claim any damages if this occurs.
12. GENERAL TERMS
The headings of the clauses are only informative, and will not affect, qualify, or expand the interpretation of the Legal Notice. In the event of any discrepancy between the provisions of this Legal Notice and the specific terms for each specific service, the provisions of the latter will prevail.
In the event that any provision or provisions of this Legal Notice is held to be null and void or unenforceable, in whole or in part, by any Court or administrative body of competent jurisdiction, this nullity or unenforceability will not affect the other provisions of the Legal Notice.
BAY HOTELS’s exercise or failure to exercise any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless BAY HOTELS acknowledges and agrees to this in writing.
13. APPLICABLE LEGISLATION AND JURISDICTION
The relationship between BAY HOTELS and the User will be governed by the Spanish Law in force. BAY HOTELS and the User expressly waive their rights to any other jurisdiction to which they might be entitled, and will subject any disputes and/or litigation to the Courts and Tribunals of the City of Madrid.