I. INFORMATION ABOUT LSSI [Law on Information Society Services and Electronic Commerce]
The website www.iberostar.com is the property of IBEROSTAR HOTELES Y APARTAMENTOS S.L., commercial entity constituted pursuant to Spanish law, with business address at C/ General Riera, 154, 07010 de Palma de Mallorca, and tax ID No. B-28.049.344, registered in the Registro Mercantil de Mallorca [Majorca Commercial Registry] in volume 1687, folio 59, page number PM-5191, record 1ª.
The booking platform available via iberostar.com is operated by the following bodies based on the geographical area covered by the booking, as follows:
- Hotels located in Europe and Africa: PORTAL INTERACTIV, S.L. Unipersonal, with business address at C/ General Riera, 154, 07010 Palma de Mallorca, and tax ID No. B38803953, registered in the Registro Mercantil de Mallorca, in volume 2699, folio 120, page PM-80935, Travel Agency of the Wholesale-Retail Group which holds the Title-Licence with ID Code AVBAL/718, granted by the Conselleria de Turismo del Govern Balear in accordance with what is established in the Regulations of the Travel Agency of said Autonomous Community and other applicable regulations.
- Hotels located in America and the Caribbean, except Cuba: VISIT US, Inc., with address at Le Jeune Road Suit 704. Coral Gables, FL 33134, USA (hereinafter, VISIT US) whose representative in Spain is LAISLA OVERSEAS, S.L.U, with address at calle General Riera, 154 de Palma de Mallorca, Spain.
Hereinafter, the cited companies also the Website holders.
In addition to the aforementioned business addresses, users can also send their requests, questions or complaints to the following email address: email@example.com
II. TERMS AND CONDITIONS OF USE
Through the Website, the user is provided with information regarding stays at hotels belonging to Iberostar Group, including information regarding the availability of rooms, rates, searching for hotels by geographical location and location of hotels based on rate.
These general terms and conditions must be understood without prejudice to the particular booking conditions shown on the Website.
You acquire the status of a Website user simply by using the Website. The use of the Website and any of its services means that, as a user, you unreservedly accept each and every one of the present general terms and conditions as well as the particular conditions that, if applicable, regulate the use of the Website or related services connected to it.
The owners of the Website may, at any time and without prior notice, modify the presentation and configuration of the Website, as well as the present general terms and conditions, and introduce new conditions of use. These modifications will be published on the Website so that the user is aware of them before proceeding to use it. Using the Website once the general terms and conditions have been modified means that the user accepts these modified general terms.
By using the Website, the user declares that they are over eighteen years of age. To use the Website, minors must obtain prior permission from their parents, guardians or legal representatives, who will be held responsible for all actions carried out by the minors in their charge.
In general, the user is obliged to use the Website as well as the services linked to it in a diligent manner that complies with the law, ethics and public order, these general terms and conditions and particular terms that may apply. The user must refrain from using the Website and the services linked to it in any way that may impede their normal functioning and enjoyment by users or that could injure or cause damage to the property and rights of the owners of the Website, its suppliers, users or, in general, any third party.
In particular, but without this list limiting the general scope of the obligation established in the preceding paragraphs, the user is obliged, when using the Website and the services linked to it, to:
(a) Not introduce, store or spread, through the Website or through any of the services linked to it, any computer program, data, virus, code, or any other electronic instrument or device that could cause damage to the Website, on any of the services linked to it or on any equipment, systems or networks belonging to the owners of the Website, of any user, of its suppliers or in general of any third party, or that otherwise is capable of causing any kind of alteration or impediment to the normal operation of it.
(b) Not use false identities, nor impersonate the identity of others when using the Website or any of the services linked to it, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
(c) Not to hide or falsify in any way the source of email messages, nor intercept, delete or modify other users' email messages, or send mass email messages.
(d) Not to destroy, alter, disable or damage the data, information, programs or electronic documents belonging to the owners of the Website, its suppliers or third parties.
(e) Not to use the contents and, in particular, the information obtained through the Website to send out publicity, to send messages for marketing purposes or any other type of commercial purpose, nor to collect or store personal data from third parties.
(f) Not to introduce or spread any information that is defamatory, derogatory, obscene, threatening, xenophobic, that incites violence, that incites discrimination due to sex, race, ideology or religion or that in any way violates the morals, public order, fundamental rights, public liberties, honour, privacy or image of third parties and, in general, current regulations.
In the event that any user considers that there are any actions or circumstances that reveal the illicit nature of the use of any content and/or the performance of any activity on the Website or accessible through it, they must notify the owners of the Website by sending an email to firstname.lastname@example.org.
On the Website, users can find a guide of the options thereof.
Intellectual and industrial property
The user recognises that all of the elements of the Website and of each of the services provided through it, the information and materials contained in it, the structure, selection, ordering and presentation of its contents and the computer programs used in connection with it, are protected by intellectual and industrial property rights of the owners of the Website or third parties, as appropriate.
Unless authorised by the owners of the Website or, where appropriate, by third-party owners of the relevant rights, or unless this is legally permitted, the user may not reproduce, transform, modify, disassemble, perform reverse engineering, distribute, hire, lend, make available or allow access to the public through any form of public communication of any of the elements referred to in the preceding paragraph. In no event shall it be understood that any licence is granted or a waiver, transmission, total or partial transfer of such rights is made, nor is any right or expectation of law, and in particular, any alteration, exploitation, reproduction, distribution or public communication of such content without the prior, express authorisation of the Portal or the corresponding owners.
The user shall use the materials, elements and information which they access through using the Website and each of the corresponding services solely for their own needs, being obliged to not make, either directly or indirectly, a commercial profit either of the services or the materials, elements and information obtained through them.
The user must refrain from deleting the identifying intellectual or industrial property rights symbols or any other that belongs to the owners of the Website or third parties appearing on the Website and on each of the various services offered through it. Likewise, the user must refrain from eluding or manipulating any technical devices established by the owners of the Website or by third parties, whether on the Website, on any of the services or on any of the materials, elements or information obtained through it, for the protection of their rights.
The Website will allow users registered on the Website to use personal passwords. These passwords will be used for access to the services provided through the Website. Registered users must confidentially store the passwords to access restricted content, assuming the consequences of any damages or consequences of any kind that arise from disclosing this password. For reasons of security, the user can change the password for online access to services linked to the Website at any time.
Accuracy of data
The user declares that the information provided is correct and truthful and undertakes to notify the Website of any changes to said information. To ensure the quality of the data processed, the Website provides the Manager of the Retail Agency or Company with a section to permanently update the personal data provided (Change details section). The Agency shall be responsible for the accuracy of the data provided, and the Website reserves the right to exclude any user who has provided false data from the services registered, notwithstanding any other actions applicable under the Law.
Exclusion of guarantees
The owners of the Website are committed to carrying out all of the necessary efforts to guarantee the availability and continuity of the Website as well as the services linked to it. However, the owners of the Website cannot guarantee that the Website and the services linked to it will work correctly at all times and that the user is able to access them and use them quickly, without interruption and without errors. In the same way, the owners of the Website do not give any guarantees regarding the suitability and content of the Website or any of the services linked to it for the satisfaction of the specific needs of the user.
The owners of the Website will act diligently according to the general uses accepted in the sector to avoid the presence on the Website or in any of the services related to it of a virus or other damaging elements that could cause alterations to the user’s computer system, their electronic documents or their files, but cannot guarantee the absence of such elements, accepting no responsibility for the damages that this could cause.
The owners of the Website do not control, nor make their own, nor guarantee the accuracy, quality, veracity, reliability or suitability of the information and services provided or given by third parties through the Website. Similarly, they do not control and do not guarantee the absence of viruses or other harmful elements in the content or services provided or given by third parties through the Website.
The owners of the Website do not guarantee the technical availability, quality, reliability, accuracy or veracity of the contents and services available on websites owned by or managed by third parties which the user can access through technical linking devices (links) from the Website. The owners of the Website do not control the content of the aforementioned websites, nor do they offer nor sell the products and services available on the linked websites, nor do they assume any responsibility for them.
Use of the Website is carried out at the user's own risk, therefore the owners of the Website are not responsible for possible damages arising from interference, interruption, computer viruses, telephone breakdowns or telephone disconnections not caused by the Website; delays or blockages in the use of this electronic system caused by deficiencies or overloads in its data processing centre, telephone lines, in the Internet system or other electrical systems; nor any other alteration that may occur in users’ Software or Hardware.
Similarly, the owners of the Website will not be liable for damages caused by third parties through illegitimate interference beyond their control. Nor will they be liable for any damages or harm caused by the use or misuse of the content of the Website or for the consequences that may arise from errors, defects or omissions in the content provided by third parties that may appear on it, the chosen Hotel being the third party for such purposes.
Without prejudice to liability for damages and harm that may arise, the owners of the Website may, immediately and without prior notice, resolve and terminate their relationship with the user, interrupting access to the Website or its corresponding services, if it detects a use of it or any of the services linked to it that is contrary to the general or particular conditions that are applicable.
The user will be liable for damages or harm of any nature that the owners of the Website or any of its subsidiaries may suffer directly or indirectly, as a consequence of failing to comply with any of the obligations stemming from the general or individual conditions in connection with the use of the Website or any of the services linked to it. Similarly, the user will hold harmless the owners of the Website from any sanctions, claims or lawsuits that may be filed by a third party, including any public bodies, against the owners of the Website, its employees or agents as a result of the violation of any rights of third parties by said user through the use of the Website or services linked to it in a manner contrary to that stated within the general or particular conditions that are applicable.
Applicable law and jurisdiction
These general terms and conditions are governed by Spanish legislation. The owners of the Website and the user, expressly waiving any other jurisdiction, are subject to the Courts and Tribunals of the user's registered address for any controversy that may arise from the use of the Website or the services linked to it.
In the event that the user is domiciled outside Spain, the owners of the Website and the user submit, expressly waiving any other jurisdiction, to the Courts and Tribunals of Palma de Mallorca (Spain).