TERMS & CONDITIONS APPLICABLE TO HOTEL PACHA
I.-INTRODUCTION.
II. INTELLECTUAL AND INDUSTRIAL PROPERTY
III. INFORMACIÓN DE CONTACTO
IV. USE OF COOKIES
V. LINKS OR HYPERLINKS TO OTHER WEBSITES
VI. WARRANTIES
VII. LEY APLICABLE Y JURISDICCIÓN
VIII. MISCELLANEA
I.- INTRODUCTION
1.1. Company name: EL HOTEL PACHA, S.L. and/or any companies or entities forming part of PACHA.
Tax ID number: B07215874.
Commercial data: Registered in the Commercial Registry of Ibiza, under Volume 26, Sheet 70, IRUS: 1000183594162.
Registered address: PARCELA 3, POLIGONO 16, IBIZA NUEVA IBIZA 07800 ILLES BALEARS
(hereinafter referred to as the “Pacha”). 1.2. The owner of the website provides through https://elhotelpacha.com/es information and personalized services related to our events.
1.3. The purpose of this document is to establish the terms of use and to safeguard the protection of the users of this web page, property of HOTEL PACHA, S.L., with registered office in Ibiza, Parcela 3, Poligono 16, Ibiza Nueva Ibiza, 07800 (Baleares).
1.4. The use of this website and/or its services implies the full and unreserved acceptance and validity of each and every one of the general conditions contained in these rules of use, so the user, prior to access and use of services and content, shall read and accept these conditions.
II. INTELLECTUAL AND INDUSTRIAL PROPERTY
All the materials, information and/or services contained in the COMPANY’s WEBSITE shall be subject to current intellectual and/or industrial property legislation. Rights over materials, services, events, and other elements displayed on the COMPANY’s WEBSITE (including, for merely illustrative and non-limiting purposes, drawings, texts, graphics, photographs, audio, video, software, distinctive signs, etc.) are the property of the COMPANY and, when applicable, of any of the companies forming part of PACHA and/or, as the case may be, to third parties who have consented to the transfer thereof to the COMPANY or to PACHA. Likewise, the COMPANY and, when applicable, PACHA is the owner of the proprietary logos, commercial names, domains and
trademarks. The materials, information and/or services uploaded into the COMPANY’s WEBSITE (photographs, audio, video, etc.) shall respect image and intellectual property rights (if any). The USER shall be solely responsible for any claim filed against the COMPANY because of the use and dissemination of said materials, information and/or services.
Access, navigation, use, uploading and/or downloading of materials and/or use of the services or activities contained in the COMPANY’s WEBSITE by the USER shall in no case be deemed to be a waiver, transmission, license or total or partial transfer of the aforementioned rights by the COMPANY, and, when applicable, by PACHA and/or, as the case may be, by the owner of the corresponding rights. Consequently, users shall not delete, ignore or manipulate the copyright warning and any other data identifying the rights of the COMPANY, PACHA and/or its respective owners incorporated to the contents, services and/or activities, as well as the technical protection devices or any information and/or identification mechanisms that may be contained therein. In particular, the use of any materials or elements of the COMPANY’s WEBSITE for total or partial inclusion thereof in other websites outside of the COMPANY’s WEBSITE is strictly prohibited without the prior written authorization of the owners of the COMPANY’s WEBSITE.
References to commercial or registered names and trademarks, logos or other distinctive signs, whether owned by the COMPANY, by PACHA and/or third-party companies, is implicitly prohibited without the consent of the COMPANY, of PACHA and/or their legitimate owners. In no case, unless expressly stated otherwise, shall the access to or use of the COMPANY’s WEBSITE confer any rights on the USER over the trademarks, logos and/or distinctive signs included therein and protected by law.
All intellectual and/or property rights are reserved and, in particular, modifying, fixing, copying, reusing, exploiting in any way, reproducing, transforming, dubbing, subtitling, transferring, selling, renting, lending, publishing, making second or subsequent publications, uploading files, sending by email, transmitting, using, processing or distributing in any way all or part of the contents, elements and products, where applicable, included in the COMPANY’s WEBSITE for public or commercial purposes other than those that are the object of the provision by the USER to the COMPANY is strictly prohibited without the express written authorization of the COMPANY or, as the case may be, the corresponding rights owner. If the action or omission, fault or negligence directly or indirectly attributable to the COMPANY’s WEBSITE USER that gives rise to the infringement of the intellectual and industrial property rights of the COMPANY, PACHA and/or third parties, gives rise to damage, losses, joint and several obligations, costs of any nature, penalties, coercive measures, fines and other amounts arising from any claim, demand, action, lawsuit or proceeding, whether civil, criminal or administrative, the COMPANY or, when applicable, PACHA shall be entitled to bring legal action against said user and claim any indemnity amounts, moral damages or damage to its reputation, consequential damages and loss of profit, advertising or any other costs by way of compensation, arising from penalties or judgments, late payment interests, cost of financing the total sum of the damages caused to the COMPANY, PACHA and/or third parties, legal and defense costs (including prosecutors and lawyers) in any proceedings in which the COMPANY and/or PACHA is sued for the previously expounded reasons, for the damages and losses arising from wrongful action or omission, notwithstanding the right to take any other action to which the COMPANY is entitled. Any claims that could be filed by the USER in relation to possible infringements of the intellectual or industrial property rights relating to the COMPANY, PACHA and/or third parties who have consented to the transfer thereof to the COMPANY or to PACHA, shall be addressed to the COMPANY’s Legal Advisory Department, located for this purposes at Calle Canarias, 37, Torre 4, Planta 4, Ibiza, Islas Baleares (Spain).
III. CONTAC INFORMATION
You can contact PACHA or any of the companies of PACHA by ordinary post at its registered address (Carrer de Canarias, 37, Torre 4, Planta 4, Ibiza, Islas Baleares, Spain) or at the following email address: info@pacha.com.
For the purpose of these terms and conditions, all the companies of the PACHA shall have its registered address at Carrer de Canarias, 37, Torre 4, Planta 4, 07800, Ibiza (Islas Baleares), Spain and with Spanish Tax Identification Number (N.I.F.) B-07215874 and are represented by Mr. Josep Antoni Escandell Ribas, of full age, Spanish nationality, provided with Spanish Identification Number (D.N.I.) 41.445.547-F.
IV. USE OF COOKIES
The COMPANY uses cookies to customize user navigation through its COMPANY’s WEBSITE. Cookies are files sent by a browser by means of a web server for maintaining the browsing session, storing their IP address (of their computer) and other possible navigation data. Beacons are electronic images that allow the COMPANY’s WEBSITE to count the number of visitors and USERS who have logged into the COMPANY’s WEBSITE and access certain cookies. These cookies allow the COMPANY’s server to recognize the browser of the USER’S computer for the purpose of facilitating navigation and measuring the number of hits and traffic parameters (by means of beacons), and controlling the progress and number of logins, by using the information contained in the cookies in an unrelated manner with respect to any other existing user data. For further information on cookies, please read the COMPANY’s Privacy Policy and the COMPANY’s Cookies Policy available at the COMPANY’s WEBSITE.
V. LINKS OR HYPERLINKS TO OTHER WEBSITES
The Company website may contain links to external third-party websites, including advertisers, which are not controlled or affiliated with Pacha. The presence of these links on the Website does not imply that pacha approves, guarantees, recommends, or endorses the linked websites or any content, products, or services available on those websites.
The establishment of the link does not imply, in any case, the existence of a relationship between the COMPANY and the owner of the page in which it is established, nor the COMPANY’s acceptance and approval of the contents or services offered therein and made available to the public.
By clicking on these links, you will leave the Company’s Website. If you visit the linked websites, you will be subject to their respective terms of use and policies. Visiting these linked websites is at your own risk, and we recommend reviewing their policies before proceeding.
The COMPANY and/or PACHA may request, at any time and without need to justify said request, the elimination of any link or hyperlink to the COMPANY’s WEBSITE, whereupon the website owner publishing the link to eliminate it immediately.
VI. WARRANTIES & LIABILITIES
The COMPANY declares that it has adopted all the necessary means, within the scope of its possibilities and the current state of the art, to guarantee the proper functioning of the COMPANY’s WEBSITE and to avoid the existence and transmission of viruses and other harmful or malicious components to USERS. If the USER is aware of the existence of any unlawful or illegal content, contrary to copyright laws or which infringes intellectual and/or industrial property rights, he or she shall notify the COMPANY or to PACHA immediately so that it may adopt the relevant measures.
Neither Pacha nor any other Pacha Group company, subsidiaries, divisions, affiliates, agents, representatives, hotel owners, licensors, or licensees will be liable to you or any other person for any loss, injury, or any direct, indirect, incidental, consequential, special, punitive, or similar damages arising from your access to or use of the Website.
By using the Website, you hereby waive any claims against Pacha, its parent company, subsidiaries, divisions, affiliates, agents, representatives, hotel owners, licensors, and licensees that may arise from your use of the Website or any materials, opinions, or recommendations found on the Website.
VII. APPLICABLE LAW AND JURISDICTION
Any disputes relating to these Terms and conditions or the Website are governed by, and will be interpreted in accordance with, the Spanish Law. Furthermore, the parties freely subject themselves, for conflict resolution and waiving any other jurisdiction, to the Courts and Tribunals of the City of Ibiza.
VIII. MISCELLANEA
The access to, contents and services offered through the COMPANY’s WEBSITE are initially indefinite, unless established otherwise in the Terms and Conditions or the legislation applicable at any given time. However, the COMPANY reserves, without need for advanced notice and at any time, the right to suspend, refuse or temporarily or definitively restrict access to the COMPANY’s WEBSITE, to make the changes and amendments it deems relevant to the COMPANY’s WEBSITE, services, material, activities or information offered, to the presentation or location thereof and to the Terms and Conditions without having to indemnify the USER in any way.
Any clause or provision of these Terms and Conditions that is or is deemed to be illegal, invalid or unenforceable shall be excluded and replaced by another similar one, without affecting or altering the other provisions, which shall not be affected by any illegal, invalid or unenforceable clause or provision, but rather shall be completely valid. The COMPANY excludes any type of warranty and, therefore, is released from all liability arising from the preceding points and from other aspects that may not be envisaged herein.
All the information received in the COMPANY’s WEBSITE shall be deemed to be transferred to the COMPANY free of charge. Email or electronic mail shall not be deemed to be a valid means for filing content-related claims. For such purpose, users shall write to the COMPANY’s Legal Advisory Department, located for these purposes at Calle Canarias, 37, 07800, Ibiza, Islas Baleares (Spain), which will indicate the procedure to be followed.