1. IDENTIFYING DATA Social denomination: Hotel Miramar Barcelona S.A. Trade name: HOTEL MIRAMAR CIF: A62618780 Address: Plaza Carlos Ibáñez 3 08038 Barcelona e-mail: info@hotelmiramarbarcelona.com Registered in the Mercantile Registry of Barcelona, Volume 37459 folio 23 Page B-23365.5 and registration number in the Registry of Tourism of Catalonia Hb 004370
2. OBJECT Through the Website, we offer Users the possibility of accessing information about our services.
3. PRIVACY AND DATA PROCESSING When it is necessary to provide personal data to access certain content or services, Users shall guarantee its veracity, accuracy, authenticity, and validity. HOTEL MIRAMAR will give said data the corresponding automated processing based on its nature or purpose, under the terms indicated in the Privacy Policy section.
4. INDUSTRIAL AND INTELLECTUAL PROPERTY The User recognizes and accepts that all content displayed on www.hotelmiramarbarcelona.com and especially designs, texts, images, logos, icons, buttons, software, trade names, brands, or any other signs susceptible to industrial and/or commercial use are subject to Intellectual Property rights and all brands, trade names or distinctive signs, all industrial and intellectual property rights over the contents and/or any other elements inserted in the page, are the exclusive property of HOTEL MIRAMAR and/or third parties, who have the exclusive right to use them in economic traffic. For all these reasons, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content, holding HOTEL MIRAMAR harmless from any claim derived from the breach of such obligations. In no case does access to www.hotelmiramarbarcelona.com imply any type of waiver, transmission, license or total or partial assignment of said rights, unless expressly stated otherwise. These General Conditions of Use of www.hotelmiramarbarcelona.com do not confer on Users any other right of use, HR, alteration, exploitation, reproduction, distribution or public communication of www.hotelmiramarbarcelona.com and/or its Contents other than those expressly provided for herein. Any other use or exploitation of any rights will be subject to the prior and express authorization specifically granted for this purpose by HOTEL MIRAMAR or the third party owner of the affected rights. The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing on this website, as well as the website itself as a whole, as a multimedia artistic work, are protected as copyright by intellectual property legislation. HOTEL MIRAMAR is the owner of the elements that make up the graphic design of www.hotelmiramarbarcelona.com, the menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of www.hotelmiramarbarcelona.com or, in any case, has the corresponding authorization for the use of such elements. The content provided on www.hotelmiramarbarcelona.com may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or by any means, unless prior written authorization is obtained from the aforementioned Entity. Likewise, it is forbidden to delete, evade and/or manipulate the "copyright" as well as the technical protection devices, or any information mechanisms that the contents might contain. The User of www.hotelmiramarbarcelona.com undertakes to respect the stated rights and to avoid any action that could harm them, reserving in all cases to HOTEL MIRAMAR the exercise of whatever legal means or actions correspond to it in defense of its legitimate intellectual and industrial property rights.
5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER The User undertakes to: a) Make an appropriate and lawful use of www.hotelmiramarbarcelona.com as well as the contents and services, in accordance with: a. the applicable legislation at all times; b. the General Conditions of www.hotelmiramarbarcelona.com; c. generally accepted morals and good customs and d. public order. b) Provide themselves with all the means and technical requirements needed to access www.hotelmiramarbarcelona.com. c) Facilitate truthful information when completing the forms contained in www.hotelmiramarbarcelona.com with their personal data and to keep them updated at all times so that it responds, at every moment, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and for the damages caused to HOTEL MIRAMAR or third parties by the information provided. Notwithstanding the provisions of the previous section, the User must also refrain from: a) Making an unauthorized or fraudulent use of www.hotelmiramarbarcelona.com and/or the contents for illicit purposes or effects, prohibited in these General Conditions of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload, deteriorate or prevent the normal use of the services or documents, files and all kinds of content stored on any computer equipment. b) Accessing or attempting to access resources or restricted areas of www.hotelmiramarbarcelona.com, without meeting the conditions required for such access. c) Causing damage to the physical or logical systems of www.hotelmiramarbarcelona.com, its suppliers or third parties. d) Introducing or spreading computer viruses or any other physical or logical systems on the network that are likely to cause damage to the physical or logical systems of HOTEL MIRAMAR, suppliers or third parties. e) Attempting to access, use and/or manipulate the data of HOTEL MIRAMAR, third-party providers and other Users. f) Reproducing or copying, distributing, allowing public access through any modality of public communication, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or it is legally permitted. g) Deleting, hiding or manipulating the notes on intellectual or industrial property rights and other identifying data of the rights of HOTEL MIRAMAR or third parties incorporated into the contents, as well as technical protection devices or any information mechanisms that may be inserted into the contents. h) Obtaining and attempting to obtain the contents using means or procedures other than those which, depending on the case, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those commonly used on the Internet as they do not entail a risk of damage or disablement of www.hotelmiramarbarcelona.com and/or the contents. If to access some of the services and/or contents of www.hotelmiramarbarcelona.com, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, you will be responsible for its proper custody and confidentiality, undertaking not to transfer it to third parties, temporarily or permanently, nor to allow access to the aforementioned services and/or contents by outsiders. Likewise, you are obliged to notify the company of any event that may involve a misuse of your password, such as, but not limited to, its theft, loss or unauthorized access, in order to proceed with its immediate cancellation. Consequently, as long as the previous notification is not made, HOTEL MIRAMAR will be exempt from any responsibility that could derive from the misuse of your password, being your responsibility any illicit use of the contents and/or services of www.hotelmiramarbarcelona.com by any illegitimate third party. If you negligently or intentionally breach any of the obligations established in these General Conditions of Use, you will be liable for all damages and losses that may derive from said breach for HOTEL MIRAMAR.
6. RESPONSIBILITIES Continued access is not guaranteed, nor is the correct visualization, download or utility of the elements and information contained on the website, which may be prevented, hindered or interrupted by factors or circumstances outside of its control. It is not responsible for decisions that may be adopted as a consequence of access to the contents or information offered. The service may be interrupted, or the relationship with the User immediately terminated, if it is detected that a use of www.hotelmiramarbarcelona.com, or any of the services offered therein, is contrary to these General Conditions of Use. We are not responsible for damages, prejudice, losses, claims or expenses derived from the use of www.hotelmiramarbarcelona.com. It will only be responsible for deleting, as soon as possible, contents that may generate such damages, provided that it is so notified. In particular, we will not be responsible for the damages that could derive, among others, from:
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Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blocks or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in telecommunications lines and networks, or by any other cause beyond the control of HOTEL MIRAMAR.
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Illegitimate intrusions through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any others.
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Undue or inappropriate abuse of www.hotelmiramarbarcelona.com.
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Security or navigation errors produced by a malfunction of the browser or by the use of outdated versions of it. HOTEL MIRAMAR reserves the right to withdraw, in whole or in part, any content or information present on www.hotelmiramarbarcelona.com. HOTEL MIRAMAR excludes any responsibility for damages of any nature that could be due to the misuse of the freely available services and use by Users of www.hotelmiramarbarcelona.com. Likewise, it is exonerated from any responsibility for the content and information that may be received as a result of the data collection forms, these being solely for the provision of consultation and doubt services. On the other hand, in case of causing damages by an illicit or incorrect use of said services, the User may be claimed for the damages or losses caused. You will hold HOTEL MIRAMAR harmless against any damages arising from claims, actions or demands from third parties as a result of your access or use of www.hotelmiramarbarcelona.com. Likewise, you undertake to indemnify against any damages arising from the use by you of "robots", "spiders", "crawlers" or similar tools used for the purpose of gathering or extracting data or any other action by you that imposes an unreasonable burden on the operation of www.hotelmiramarbarcelona.com.
7. HYPERLINKS www.hotelmiramarbarcelona.com may include links to other websites, managed by third parties, in order to facilitate User access to information from collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of said websites, nor is it placed in a position of guarantor and/or offering party of the services and/or information that may be offered to third parties through third-party links. The User is granted a limited, revocable and non-exclusive right to create links to the main page of www.hotelmiramarbarcelona.com exclusively for private and non-commercial use. Websites that include a link to www.hotelmiramarbarcelona.com (i) may not misrepresent their relationship or state that such a link has been authorized, nor include brands, denominations, trade names, logos or other distinctive signs of our company; (ii) may not include content that could be considered in bad taste, obscene, offensive, controversial, that incites violence or discrimination based on sex, race or religion, contrary to public order or illicit; (iii) must link to the address of www.hotelmiramarbarcelona.com itself, without allowing the website that makes the link to reproduce www.hotelmiramarbarcelona.com as part of its website or within one of its "frames" or create a "browser" over any of the pages of the Website. HOTEL MIRAMAR may request, at any time, that you remove any link to www.hotelmiramarbarcelona.com, after which you must proceed immediately to its removal. HOTEL MIRAMAR cannot control the information, content, products or services provided by other websites that have established links to www.hotelmiramarbarcelona.com.
8. DATA PROTECTION To use some of the Services, the User must previously provide certain personal data. HOTEL MIRAMAR will process these data and apply the corresponding security measures, all in compliance with the GDPR, LOPDGDD and LSSI. The User can access the policy followed in the processing of personal data, as well as the establishment of the previously established purposes, under the conditions defined in the Privacy Policy.
9. COOKIES HOTEL MIRAMAR reserves the right to use "cookie" technology on www.hotelmiramarbarcelona.com, in order to recognize you as a frequent User and personalize the use you make of www.hotelmiramarbarcelona.com by preselecting your language, or more desired or specific content. Cookies are files sent to a browser, by means of a Web server, to record the User's navigation on www.hotelmiramarbarcelona.com, when the User allows their reception. If you wish, you can configure your browser to be notified on screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please consult the instructions and manuals of your browser for more information. Thanks to cookies, it is possible to recognize the browser of the computer used by the User for the purpose of providing content and offering navigation or advertising preferences to the User, to demographic profiles of Users as well as to measure visits and traffic parameters, control progress and number of entries.
10. REPRESENTATIONS AND WARRANTIES In general, the contents and services offered on www.hotelmiramarbarcelona.com are purely informative. Consequently, by offering them, no warranty or representation is given in relation to the contents and services offered on www.hotelmiramarbarcelona.com, including, but not limited to, warranties of legality, reliability, utility, truthfulness, accuracy, or merchantability, except to the extent that such representations and warranties cannot be excluded by law.
11. FORCE MAJEURE HOTEL MIRAMAR will not be responsible at all in case of impossibility to provide service, if this is due to prolonged interruptions of the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous events.
12. RESOLUTION OF DISPUTES. APPLICABLE LAW AND JURISDICTION These General Conditions of Use, as well as the use of www.hotelmiramarbarcelona.com, shall be governed by Spanish legislation. For the resolution of any controversy, the parties will submit to the Courts and Tribunals of the registered office of Hotel Miramar Barcelona S.A.. In the event that any stipulation of these General Conditions of Use results unenforceable or void by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not make these General Conditions of Use unenforceable or void as a whole. In such cases, HOTEL MIRAMAR will proceed to modify or replace said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and pretension reflected in the original stipulation.
