Legal Notice

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-57869513A-86919271, is an entity registered in the Palma de Mallorca Commercial Registry, in general volume 2,579, page 95, section 3, sheet PM-74.356.

For more information about BAY, go to www.bayhotels.es or contact us by via email at info@hispania.es.

2. PURPOSE AND SCOPE

This Legal Notice regulates access to the contents and all the services offered by BAY through the Website, as well as their use by the Users.

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.

However, BAY 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.

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 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 expressly and unreservedly accepts that access to and use of the Website is at his/her own risk and under his/her sole and exclusive responsibility.

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, purposes contrary to the provisions in this Legal Notice, purposes contrary to morality, good customs or established public order, or for prejudicial purposes to the rights and interests of BAY or third parties. In particular, the User undertakes to abstain from carrying out activities that infringe the author's rights, names or registered trademarks, as well as the privacy rights of BAY or third parties.

Likewise, by using the services provided by www.bayhotels.es, the User undertakes not to transmit, disseminate or make available to third parties any kind of material that in any way contravenes current legislation and not to use the Website or part of it in other private or commercial websites, as well as not to establish hyperlinks to the Website or any of its contents (unless expressly authorized in writing by BAY).

The User agrees not to alter, copy, modify, decompile, disassemble, reverse engineer, license, lease, sell or imitate the Website or its contents and not to transmit a virus or other harmful component that damages, limits or the Website or any connected network or interferes with the use and enjoyment of the Website by other Users.

The User 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 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 reserves the right to limit, suspend, or terminate their access to the Website, taking any technical measure required for this purpose. BAY 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 in this Legal Notice.

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 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, as well as does not constitute any authorization for the creation of developments derived from the Website and/or its elements, except for the limited use license granted to Users to use the Website under the terms herein provided. 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, the information, texts, data, marketing plans or other documents of an advertising nature, models, graphics, designs, software, images, photographs, voices, sounds, videos, multimedia content and other content of the Website, whether they are the property of BAY or of third-party companies, entail the prohibition of their use without the consent of BAY 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 authorization in writing of BAY or, if applicable, the holder of the relevant rights.

In the same way, Users must abstain in any case from deleting, altering, eluding or manipulating any protection device or security systems that may be installed on the Website.

5. COOKIES

We inform you that the Website may use cookies during the provision of its service, to facilitate your navigation and preload your preferences. For more information, please read our Cookie Policy.

6. PRIVACY POLICY

BAY may process the personal data obtained through www.bayhotels.es. For more information please read our Privacy Policy.

7. LICENCE OVER COMMUNICATIONS

In the event that the User sends information of any kind to BAY 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 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 cannot guarantee the reliability, utility, or truth of the services or the information provided through the Website. Consequently, BAY 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 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.

By accessing the Website, the User undertakes to use the Website in accordance with the Law, being liable to BAY and to third parties for any damage or harm that may be caused because of non-compliance with said obligation.

BAY does not control, with general character, the use that the Users make of the Website. In particular, BAY does not guarantee, under any circumstances, that Users will use the Website in accordance with the law, these Conditions of Use, morality, generally accepted good customs and public order, nor that they will do so in a diligent and prudent manner. Consequently, BAY is not responsible for the use that the User makes of the content of the Website that could suppose a violation of any type of regulation, national or international, of the rights of intellectual or industrial property or of any other rights of third parties.

In any case, 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 in the form specified in the clause 10 of this Legal Notice so that BAY can proceed to take the appropriate Measures.

9. LINKS

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 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.

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 and the person responsible for the external website

Consequently, BAY 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 so that the link to the website can be removed. To do so, the Users may contact the following e-mail address: info.hoteles@hispania.es, as indicated in clause 10 of this Legal Notice.

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 authorized in writing by BAY.

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 authorized in writing by BAY, 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 has authorized the link, unless BAY has done so expressly and in writing. If the entity placing the link from its website to the Website wishes to include on its website BAY’s brand, company name, trade name, sign, logo, slogan, or any other kind of element identifying BAY and/or the Website, it will receive prior, express, written authorization of BAY.

BAY does not authorize 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 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 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 via email at info.hoteles@hispania.es, specifying the following:

  • (i) 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.
  • (i) 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 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 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 may amend part or whole of 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 these terms and conditions are fully or partially amended, at which time the amended Legal Notice will take effect.

    Regardless of the provisions of the specific terms, BAY 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, provided that the rights and obligations of the parties arising from the Legal Notice are not materially affected. These clauses will be replaced or integrated with other clauses that, being in accordance with the law, respond to the purpose of the substituted ones. The parties waive any claim for damages that might be requested for this circumstance.

    BAY’s exercise or failure to exercise any right or provision contained in this Legal Notice will not constitute a waiver thereof, unless BAY acknowledges and agrees to this in writing.

    13. APPLICABLE LEGISLATION AND JURISDICTION

    The relationship between BAY and the User will be governed by the Spanish Law in force. If the User is a consumer, this Legal Notice is also subject to any applicable local laws. BAY and the User will subject any disputes and/or litigation to the Courts and Tribunals of the City of Madrid, and in the case of a User acting as a consumer, to the court of the corresponding domicile of the User/consumer.

    The User, if acting as a consumer, may also submit any dispute arising out of or related to this Legal Notice to an alternative dispute resolution procedure ("ADR"). The list of ADR platforms available from the European Commission can be consulted at the following link:

    https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.