LEGAL NOTICE AND WEBSITE TERMS OF USE

Accessing the website www.hotelsviva.com confers the status of USER and implies full and unreserved acceptance, from the moment of such access and/or use, of this legal notice and of the latest version of the Privacy Policy, without prejudice to the General Terms of Business that may require mandatory compliance, if applicable. We therefore recommend that you read these documents before using the services provided by this website, as well as each time you access it, since we reserve the right to change, modify, make additions to or delete part of these terms.

In no way does mere access to this website imply the existence of a business relationship between the user and the website.

I. OWNER OF THE WEBSITE

Pursuant to Art. 10 of Law 34 of 11 July 2002 on the IT Society and E-commerce Services, we hereby provide the following information on the owner of this website:

Owner: INVERSIONES PASCUAL S.L. (hereinafter, “HOTELS VIVA”).

Tax code: B07461767

Head office: Agustín Argüelles, nº1, 07400 Alcudia

Registration data: Registered in the Majorca Commercial Registry, in volume 1,134, Folio 170, Page PM-7.

As well as the head office, users are hereby provided with the following contact details where they can send their requests, questions, or complaints:

Website contact form

gdpr@hotelsviva.com

II. TERMS OF USE

Introduction. On this website, HOTELS VIVA provides information on its tourist accommodation services, and it is also possible to make bookings directly online. By accessing and using this website, you agree to be bound by the terms that are laid down below, and we therefore recommend that you read this section carefully before starting your browsing.

Obligations for Users. Users undertake to use this website lawfully, in accordance with the provisions of these terms and in a manner that does not infringe the rights or harm the interests of HOTELS VIVA or of third parties. By way of example, but in no way limited to this, the User also undertakes:

Not to carry out any illegal activities, or activities that contravene public order or good faith;

Not to try to access, modify, manipulate or, if applicable, use the accounts of other Users;

Not to use the data published on the website for sending unsolicited communications (spam).

Not to introduce or disseminate on the website content or information that is false, misleading, ambiguous or inaccurate that may deceive the recipients of such information, nor to disseminate racist, xenophobic, pornographic content, or content inciting terrorism or violating human rights, or the rights of children;

Not to carry out actions that entail or lead to the infringement of the intellectual property rights of HOTELS VIVA or of third parties;

Not to damage the physical and logical systems of HOTELS VIVA, its suppliers, or third parties;

Not to introduce or disseminate on the network computer viruses or any other physical or logical system that may cause the aforementioned damages.

Not to remove, alter, bypass or manipulate any protection device or security system that may be installed on this website’s pages

Liability disclaimer. This Website is provided “as is”, and use of it is made at the User’s own risk; therefore neither HOTELS VIVA nor its managers, employees, suppliers or contractors shall be held liable for any damage of any kind, whether direct or not, that may arise from using the website, with HOTELS VIVA expressly excluding, to the full extent allowed by law, any kind of guarantees, whether explicit or implicit.

HOTELS VIVA does not guarantee the availability and accessibility of the website, though it will make all reasonable efforts to ensure it. On occasion, there may be outages for the time that may be necessary for carrying out maintenance operations.

HOTELS VIVA shall not be liable for any damages caused by disruptions, interruptions, computer viruses, phone line malfunctioning or outages for reasons outside the control of the aforementioned entity; for delays in or interruptions to the use of this electronic system caused by failures or overloading of the data processing centre, of phone lines, of the Internet or of other electronic systems, or for any other alteration that may occur in the Software or Hardware of Users. Likewise, it does not guarantee the absence of viruses, malware, trojans, or other elements that may cause alterations to the computer systems, documents or files of the User, disclaiming any liability for damage of any kind caused to the User by this. In the same way, HOTELS VIVA shall not be liable for damages caused by third parties via unlawful intrusions outside its control.

It shall also not be held liable for damages caused by the use or the misuse of the website’s contents, nor for the consequences that may arise from mistakes, defects, or omissions in the content that may appear on this website that is provided by Users themselves or other third parties. HOTELS VIVA does not accept any obligation or any liability in connection with any service it does not provide directly.

External links. In no case shall HOTELS VIVA assume any responsibility for the contents of links to other websites, nor will it guarantee the technical availability, quality, reliability, accuracy, fullness, truthfulness, validity and lawfulness of any material or information contained in any such hyper-links or other websites. Likewise, the inclusion of these external links shall not imply any kind of association, merger, or stake in the linked entities.

Denial of access and deletion of accounts. HOTELS VIVA reserves the right to deny access to the website to Users who do not comply with these terms; in the event of unexpected technical or security issues; or to comply with a police, judicial, or administrative request and/or order.

Such deletion or suspension shall be carried out exclusively at the discretion of HOTELS VIVA and shall not give any entitlement to any kind of compensation.

Personal data processing. Users allow the processing of their personal data under the scope and terms that are set forth in our privacy policy, which is available on the website’s home page, with this policy being also included in these terms for reference purposes. In this policy statement, Users can find information on how to exercise their rights of access, deletion, limitation, and rectification for their personal data, as well as the right to object to processing and to data portability.

Intellectual property and copyright. The website’s intellectual property rights, the domain name, its source code, design and browsing structure, and the elements therein contained (including but not limited to images, sound, audio, video, software, or texts; brands or logos, colour combinations, structure and design etc.) are the property of HOTELS VIVA, which is the sole holder of the right to use them in any form, and in particular the rights of reproduction, dissemination, public communication and transformation, as set forth by the Intellectual Property Law in force. It is expressly forbidden to reproduce, disseminate, publicly disclose, including the manner of making them available, all or part of the contents of this website in any medium and via any technical means unless authorised by HOTELS VIVA or, if applicable, by the third parties which hold intellectual property rights or a copyright on such contents. Notwithstanding the above, the website’s users may look at the elements of this website and print them, copy them and store them on the hard disk of their computer or on any other physical storage medium, provided this is solely for their personal and private use. Any entities or persons that, duly authorised by this website’s owner, seek to establish a link with it, shall guarantee that they only enable access to this website or service, without reproducing any of its contents or services.

Nullity of clauses. In the event that any clause of these terms of use were to be declared void, this shall affect only such provision, or the part that has been thus declared, with the other terms remaining in place, and considering such provision, or the relevant part thereof, as non-existent.

Acceptance. Access to the website and its use mandatorily implies that all and each of these terms of use is expressly accepted by you.

Applicable law and jurisdiction. Without prejudice to the consumer rights recognised by Royal Legislative Decree 1 of 16 November 2007, this website is governed by Spanish law, to the exclusion of its rules on conflict of laws, and any dispute that may derive from its use or the use of the services connected to it shall be submitted to the jurisdiction of the Courts of HOTELS VIVA, with users expressly waiving their own jurisdiction, if applicable.

The EU Commission provides a platform for online dispute resolution to consumers, who may access it at this link:

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

Version 1.0 – July 2018

Hotels VIVA
Head Office
Tel: (+34) 971869500