TERMS AND CONDITIONS OF WEBSITE USE

These Terms and Conditions of Use, together with the Privacy Policy, regulate usage in accordance with Law 34/2002, updated on 09/05/2023, on Services of the Information Society and Electronic Commerce, of the website https://hotelpimarblanes.com/en/, owned by ITS-66, S.L., Tax ID: B-17529389, hereinafter referred to as HOTEL & SPA PIMAR, with registered office at PASSEIG MARITIM S’ABANELL, 8, Postcode 17300, Blanes, Province of Girona.

1. INFORMATION ABOUT THE WEBSITE

Through its website https://hotelpimarblanes.com/en/, HOTEL & SPA PIMAR provides online booking services for stays in our hotel.

1.1. ADVERTISING ON THE WEBSITE

The website https://hotelpimarblanes.com/en/ may host advertising or sponsored content. Advertisers and sponsors are solely responsible for ensuring that material submitted complies with applicable laws. HOTEL & SPA PIMAR shall not be held liable for any errors, inaccuracies, or irregularities that such advertising or sponsored content may contain.

2. AVAILABILITY OF THE WEBSITE

The administrator of the website will make every effort to resolve user queries promptly.

However, on occasion and for reasons beyond the administrator’s control, such as human error or incidents in computer systems, response times may not be adequate to process booking requests.

Should booking management not be available, or if the process cannot be completed after the registration form has been submitted, the user will be notified by email of the cancellation in full and must re-submit the booking registration.

3. WEBSITE SECURITY

The administrator of https://hotelpimarblanes.com/en/ employs the highest commercially available security measures. The secure server establishes a connection whereby information is transmitted encrypted using 128-bit to 256-bit algorithms, ensuring that it is only intelligible by the user’s device and the website.

By using the SSL (“Secure Socket Layer”) protocol, predecessor of TLS (“Transport Layer Security”), these cryptographic protocols guarantee privacy and integrity in secure communications over a network, typically the Internet, ensuring that transmitted information cannot be intercepted or modified by unauthorised parties.

It ensures:

  1. That the user is communicating their data directly to the website administrator’s server and not to any other party attempting to impersonate it.

  2. That data transmitted between the user and the server is encrypted, preventing reading or manipulation by third parties.

4. ACCESS AND USE OF THE WEBSITE

Users are fully responsible for their conduct when accessing information on the website, while browsing it, and after having accessed it.

Consequently, users are solely liable before the website administrator and third parties for:

  • Consequences arising from use of the website’s content for illicit purposes or contrary to this document, whether or not produced by the administrator and officially published under their name.

  • Consequences of use that contravenes this document, infringes the rights or interests of third parties, damages, disables, deteriorates the website, or prevents its normal enjoyment by other users.

The administrator reserves the right to update content, delete or limit access to it temporarily or permanently, and to deny access to users who misuse content or fail to comply with these terms.

The administrator does not guarantee:
a) Uninterrupted, error-free access to the website and/or linked websites.
b) That content or software accessed through the website or linked websites is free of errors, viruses, or other elements that could cause damage to user systems, documents, or files.
c) The usefulness of the information or content of the website or linked websites for users’ personal purposes.

5. MODIFICATION OF TERMS AND CONDITIONS OF USE

The website administrator reserves the right to modify, at any time, the presentation and configuration of the website, as well as these terms and conditions of use.

Users are therefore advised to read them carefully each time they access the website.

The terms and conditions will always be available in a visible, freely accessible location for consultation.

6. WEBSITE LIABILITY

The website administrator shall not be held liable, including but not limited to:

  1. Use by users of the website or linked websites that infringes intellectual or industrial property rights.

  2. Possible damages caused to users by normal or abnormal functioning of search tools or access to the website, errors, or problems arising from the technical elements involved.

  3. Content of pages users may access via links on the website, whether authorised or not.

  4. Access by minors under 16 years of age to website content, which is the responsibility of their parents or guardians, including the use of internet control tools to prevent personal data being sent without prior authorisation.

The administrator shall not be liable in the following cases:

a) Errors or delays in user access when entering data in the registration form, slowness or inability of recipients to receive booking confirmation, or anomalies caused by internet issues, force majeure, or unforeseeable contingencies.
b) Errors or incidents in communications, deletion, or incomplete transmissions, meaning website services cannot be continuously guaranteed.
c) Errors or damages caused to the website by inefficient or bad faith use of the service by the user.
d) Inoperability or issues with the email address provided by the user for booking confirmation.

In all cases, the administrator undertakes to resolve any issues and provide all necessary support to ensure a quick and satisfactory solution.

The administrator also reserves the right to conduct promotional campaigns to encourage new user registrations.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY

The administrator holds all rights over the content, design, and source code of this website, including but not limited to photographs, images, texts, logos, designs, brands, trade names, and data.

These rights are protected by Spanish and international legislation on intellectual and industrial property (Royal Legislative Decree 1/1996, 12 April, updated 30/03/2022; Directive EU 2019/790 of 17 April 2019).

Website content is also considered computer software and is therefore protected by applicable Spanish and EU legislation.

Any copying, reproduction, adaptation, modification, distribution, marketing, or public communication of the website content without prior written consent is strictly prohibited.

The administrator does not grant any licence or implicit authorisation on intellectual or industrial property rights or any other rights directly or indirectly related to the website content.

Use of content is authorised for information and service purposes only, provided the source is cited. Users are solely responsible for misuse.

8. NULLITY

If any clause of these terms and conditions is declared null, the remaining provisions shall remain valid, interpreted in accordance with the parties’ intent and the purpose of these terms.

Failure by the administrator to exercise any rights herein shall not constitute a waiver unless expressly recognised in writing.

9. APPLICABLE LAW AND JURISDICTION

These terms are governed by Spanish law. For the resolution of any disputes, the parties submit to the jurisdiction of the courts of Blanes, where HOTEL & SPA PIMAR is based, unless otherwise imposed by law.

9.1. DISPUTE RESOLUTION

In accordance with Law 7/2017 and Regulation (EU) 524/2013, consumers may access the European Online Dispute Resolution platform.

10. PRIVACY POLICY

Users undertake to browse the website and use its content in good faith.

In compliance with GDPR-EU-2016/679, LOPDGDD-3/2018, LSSI-34/2002, and Law 11/2022 on Telecommunications, completing any form on https://hotelpimarblanes.com/en/ or sending an email implies acceptance of this privacy policy and authorisation for HOTEL & SPA PIMAR to process personal data.

Data will be used to manage online and offline activities by the administrator. Simply visiting the site does not involve providing personal data.

The administrator undertakes to maintain confidentiality and use data only for the stated purposes. Data is presumed accurate and entered by its owner or authorised representative.

Sending data through website forms is conditional upon having read and accepted these Terms of Use and Privacy Policy.

In accordance with Law 34/2002, article 21, consent is required for sending advertising communications considered of interest, via email or equivalent means. This consent is given by accepting these terms through a checkbox on the form.

Appropriate security measures have been adopted to prevent loss, misuse, alteration, unauthorised access, or extraction of data.

HOTEL & SPA PIMAR informs users of their rights (access, rectification, opposition, erasure, limitation, portability), which may be exercised by writing to the administrator at pimar@hotelpimar.com, with proof of identity. The administrator will respond within one month. Complaints may be filed with supervisory authorities (AEPD, ACPD, AVPD).

These clauses were prepared by GRUP QUALIA, which issues a digital certificate for publication on the website.