Legal note
LEGAL NOTICE
Access to the website https://www.smyhotels.com grants the condition of USER and implies the full and unreserved acceptance, from said access and / or use, of this legal notice and the privacy policy in its latest version, without prejudice to the General Conditions of the Contract that, where appropriate, are mandatory compliance. Therefore, we advise you to proceed to the reading of these documents, before using the functionalities offered by this website, as well as each time you access it, since we reserve the right to change, modify, add or delete at any time part of these conditions.
The mere access to this website does not imply in any case the existence of a sales relationship between the user and the web.
I. OWNER OF THE WEBSITE
In compliance with article 10 of Law 34/2002, of July 11, Services of the Information Society and Electronic Commerce, the following are the identification data of the company that owns the domain: 'smyhotels.com' (hereinafter, the Web):
Company Name: HOTELOGY S.L. (hereinafter, SMY HOTELS)
CIF: B57964629
Registered Office: Logitravel Building, Plot 3B (Parc Bit) – Ctra. Palma – Valldemossa km 7,4, 07121 Palma de Mallorca, Spain.
Email: info@smyhotels.com
Registration data in the Commercial Register: Sheet PM-78691 Volume 2657 Folio 210 Inscription 9
II. TERMS OF USE
1. Introduction. SMY HOTELS offers on this website information about its hotels and the active promotions in them, and users can formalise reservations directly online and manage the reservations made. Likewise, users can sign up for the loyalty programme to receive sales offers adjusted to their profile. By accessing and using this Website, you agree to be bound by the conditions set out below, so it is recommended that you carefully read this section before starting your browsing.
2. User obligations. Users undertake to use this website in a lawful manner, in accordance with the provisions of these conditions and in a way that does not harm the rights or interests of SMY HOTELS or third parties. By way of example and in no case limiting or exclusive, the User also undertakes to:
Not to engage in activities that are illegal or contrary to public order or good faith;
Not to attempt to access, modify, manipulate and, where appropriate, use the accounts of other Users;
Do not use the data published on the Web to send unsolicited communications (spam).
Not to introduce or disseminate false, misleading, ambiguous or inaccurate information or content on the web in a way that misleads the recipients of the information, nor to disseminate content of a racist, xenophobic, pornographic nature, advocating terrorism or violating human or the underaged rights;
Not to carry out actions that suppose or entail a violation of the intellectual property rights of SMY HOTELS or of third parties;
Not to cause damage to the physical and logical systems of SMY HOTELS,, its suppliers or third parties;
Not to introduce or spread computer viruses on the network or use any other physical or logical systems that are likely to cause the aforementioned damage.
Not to delete, alter, evade or manipulate any protection device or security system that was installed on the pages of this Website.
3. Exclusion of liability. This Website is provided "as is" and its use is made at the User's own risk, so neither SMY HOTELS, nor its administrators, workers, suppliers or partners will be responsible for damages, of any nature, direct or not, arising from the use of the Web, expressly excluding SMY HOTELS to the fullest extent provided by law, any warranties, whether express or implied.
SMY HOTELS does not guarantee the availability and accessibility of the Web, although it will make all reasonable efforts in this regard. Occasionally, interruptions may occur for the time necessary to carry out the corresponding maintenance operations.
SMY HOTELS is not responsible for possible damages arising from interferences, interruptions, computer viruses, telephone breakdowns or telephone disconnections caused by causes beyond the control of the aforementioned entity; delays or blockages in the use of this electronic system caused by deficiencies or overloads in the data processing centre, telephone lines, in the Internet system or in other electrical systems; nor for any other alteration that is may be produced in the Software or Hardware of the Users. Nor does it guarantee the absence of viruses, malwares, Trojans or other elements that may cause alterations in the User's computer system, documents or files, excluding any liability for damages of any kind caused to the User for this reason. Similarly, SMY HOTELS will not be liable for damages caused by third parties through illegitimate interference beyond its control.
Nor will it be liable for damages caused by the use or misuse of the contents of the Web, nor for the consequences that may arise from errors, defects or omissions in the contents that may appear on this Website provided by the Users themselves or other third parties. SMY HOTELS does not assume any obligation or responsibility with respect to those services that it does not provide directly.
In no case will SMY HOTELS assume any responsibility for the contents of the links belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and legality of any material or information contained in any of said hyperlinks or other Internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
5. Passwords. The passwords to access the accounts of Registered Users are personal, confidential and non-transferable. Registered Users are solely responsible for maintaining the confidentiality and security of their account, assuming these exclusively the consequences of any kind regarding the activities carried out through it. Users undertake to immediately notify SMY HOTELS of any breach of the security of their account.
6. Denial of access and cancellation of accounts. SMY HOTELS reserves the right to deny access to the Website, as well as to suspend or cancel the accounts to those Users who fail to comply with these conditions; in case of unforeseen technical or security problems; of inactivity of the account for a significant time; or in compliance with a requirement and / or a police order, judicial or administrative.
Such cancellation or suspension shall be made at the sole discretion of SMY HOTELS and shall not give rise to any compensation.
7. Processing of personal data. Users consent to the processing of their personal data with the scope and terms indicated in our privacy policy, which is available on the Web, and this policy is also incorporated into these conditions by reference. In this policy, Users will find information on how to exercise their rights of access, deletion, limitation and rectification of their personal information, as well as opposition to its treatment and portability.
8. Intellectual property and copyright. Without prejudice to the contents on which third parties hold intellectual rights, the intellectual property rights of the Web, the domain name, its source code, design and browsing structure and elements contained therein (by way of example, images, sound, audio, video, software, or texts; trademarks or logos, combinations of colours, structure and design, etc.) are owned by SMY HOTELS, which is responsible for the exclusive exercise of the rights to use them in any way, and especially the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of current legislation on intellectual property. The reproduction, distribution and public communication, including its modality of making available, of all or part of the contents of this website in any medium and by any technical means, without the authorisation of SMY HOTELS or, where appropriate, of the third parties that hold the intellectual property or author rights over the affected contents, are expressly prohibited. Notwithstanding the foregoing, the user of the website may view the elements of this website and even print, copy and store them on the hard drive of their computer or on any other physical support as long as it is, solely and exclusively, for their personal and private use. Those entities or persons who, with the prior authorisation of the owner of this website, intend to establish a link with it, must guarantee that it only allows access to this website or service but that it does not reproduce its contents and services.
9. Applicable law and jurisdiction. Without prejudice to the rights recognised to consumers by Royal Legislative Decree 1/2007, of November 16, this website will be governed by Spanish law to the exclusion of its conflict of law rules and any controversy that may arise from its use or the services linked to it will be submitted to the jurisdiction and competence of the Courts and Tribunals of Palma de Mallorca, expressly waiving the users to their own jurisdiction if they had it.