General Conditions of Use and Contract
These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern the access and use that the user (hereinafter, “the User”) makes of the website www.laalbercahotel.com (hereinafter, “the User”). , “the Website”), as well as the contracting of products and services through it . By accepting these General Conditions, the User states:
1. That you have read, understand and understand what is stated here;
2. That he is a person with sufficient capacity to contract;
3. That assumes all the obligations set forth herein.
The use of the Website attributes the status of User of the Website and implies acceptance of all the terms included in these General Conditions. The User must carefully read these General Conditions each time they access the Website, since it and said General Conditions may be modified.
The owner of the Website reserves the right to make, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of all the elements that make up the design and configuration of the Website.
1. General information of the Website
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on information society services and electronic commerce, the general information of the Website is provided below:
Owner: HOTEL BOUTIQUE LA ALBERCA SANTA MARÍA DE TONAMECA, SA (hereinafter, “La Alberca Hotel”).
Registered office: CALLE MONTE ARAGÓN, S/N – 70946 – MAZUNTE | OAXACA | MEXICO
RFC: HBA230804BQ1
2. Need for Registration
In general, for simple access to the contents of the Website, the User's registration will not be necessary, although the use of certain services may be conditional on prior registration. In these cases, we will inform you in advance of this and of the applicable legal conditions regarding privacy.
The data entered by the User must be exact, current and truthful at all times. If the registered User is assigned a password , he or she will be responsible at all times for its custody, consequently assuming any damages that may arise from its improper use, as well as its transfer, disclosure or loss. For these purposes, access to restricted areas and/or use of the services and content carried out under the password of a registered User will be considered carried out by said registered User, who will be responsible in all cases for said access and use.
3. Rules for using the Website
The User undertakes to use the Website and all its content and services in accordance with the law, morality, public order and these General Conditions. Likewise, it is obligatory to make appropriate use of the services and/or contents of the Website and not to use them to carry out illegal activities or activities that constitute a crime, that violate the rights of third parties and/or that infringe the regulation on intellectual and industrial property. or any other rules of the applicable legal system.
By way of example, and in no way limiting or exclusive, the User undertakes to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in support of terrorism or that violates human rights.
II.- Do not introduce or spread data programs (viruses and harmful software) on the network that may cause damage to the computer systems of the access provider, its suppliers or third-party Internet users.
III.- Do not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illegal or unfair advertising.
V.- Do not transmit unsolicited or authorized advertising, publicity material, 'junk mail', 'chain letters', 'pyramid structures', or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.
VI.- Do not introduce or disseminate any false, ambiguous or inaccurate information and content in a way that misleads the recipients of the information.
VII.- Do not impersonate other Users using their registration keys to the different services and/or contents of the Website.
VIII.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the intellectual and industrial property rights, patents, trademarks or copyright that correspond to the owners of the Website or third parties.
IX.- Do not disseminate, transmit or make available to third parties any type of information, element or content that represents a violation of the secrecy of communications and legislation on the protection of personal data.
The User undertakes to hold La Alberca Hotel harmless from any possible claim, fine, penalty or sanction that may be required to be borne as a result of non-compliance by the User with any of the aforementioned usage rules, and La Alberca Hotel also reserves the right to the right to request compensation for corresponding damages.
La Alberca Hotel reserves the right to prohibit any User who violates the rules and obligations established in these General Conditions from using the services offered through the Website.
4. Exclusion of Liability
La Alberca Hotel does not assume any responsibility for updating this Website to keep the information up to date, nor does it guarantee that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any service or content described on this Website.
The User's access to the Website does not imply the obligation for La Alberca Hotel to control the absence of viruses, worms or any other harmful computer element. The User is responsible, in any case, for the availability of appropriate tools for the detection and disinfection of harmful computer programs.
La Alberca Hotel is not responsible for any damage caused to the software and computer equipment of the Users or third parties during the use of the services offered on the Website, nor for any damage or harm of any kind caused to the User due to of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Website service during its provision or prior to it.
5. Contents and services linked through the Website
The access service to the Website includes technical link devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, “Linked Sites”). In these cases, La Alberca Hotel will only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may notify La Alberca Hotel, without in any case this communication entailing the obligation to remove the corresponding link
In no case should the existence of Linked Sites presuppose the formalization of agreements with those responsible or owners thereof , nor the recommendation, promotion or identification of La Alberca Hotel with the statements, content or services provided.
La Alberca Hotel is not aware of the contents and services of the Linked Sites and, therefore, is not responsible for any damages caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the contents and/or services of the Linked Sites. nor for any other damage that is not directly attributable to La Alberca Hotel.
In cases where the User can access or is redirected to Linked Sites that allow the contracting of services and/or products, the User knows and accepts that La Alberca Hotel acts as a mere intermediary facilitating said access, for which it will not be responsible. neither indirectly nor subsidiarily, of damages and losses of any nature derived from the free use and/or contracting of said third-party services and products, as well as the lack of legality, reliability, usefulness, veracity, accuracy, completeness and timeliness of the same. By way of example, and in no way limiting, La Alberca Hotel will not be responsible for damages of any nature derived from defective compliance or non-compliance with contractual commitments acquired by third parties; carrying out acts of unfair competition and illegal advertising; the inadequacy and disappointment of the expectations of said third-party services and products and the vices and defects of all kinds that may occur in them..
6. Intellectual and industrial property
All contents of the Website, understood as, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are property. intellectual property of La Alberca Hotel or third parties, without any of the exploitation rights recognized by current regulations on intellectual property over them being understood to have been transferred to the User. Núñez and Navarro therefore reserve all exploitation rights over them.
The brands, trade names or distinctive signs are the property of La Alberca Hotel or third parties, and it cannot be understood that access to the Website grants any right over them.
7. Contracting of services through the Website
7.1. Procedure
The procedure that the User must follow to contract services through the Website is as follows:
1º- Select the reservation characteristics for the hotel stay and continue with the reservation.
2º- The page can show different offers at the User's choice. The page shows prices expressed in various currencies. Select the service according to the availability offered.
3º- Viewing all order data indicating the price with taxes. The User must fill out their personal information and indicate their payment details by bank card. Next, the User must accept the General Conditions of Use and Contract and click on the “Confirm” button.
4º- The User will receive confirmation of their order by viewing a message on the screen and receiving an email to the account provided during the purchase process.
7.2 Price
Unless expressly indicated otherwise, the prices presented on the Website include the corresponding tax. The type of tax applicable will be the one legally established at all times.
7.3. Exclusion of the right of withdrawal
As established in article 103 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users, the right of withdrawal will not be applicable to contracts that are refer to the supply of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution
7.4. Other considerations
These General Conditions are only available to the User in the following languages: Spanish, Catalan, English, French, German, Italian and Russian.
8. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part thereof that is null or ineffective, these General Conditions subsisting in everything else and considering such provision totally or partially as not included.
9. Applicable legislation and competent jurisdiction
These General Conditions will be governed and interpreted in accordance with the laws of Spain. La Alberca Hotel and the User agree to submit any controversy that may arise due to the access, use and/or contracting of services through the Website, to the courts and tribunals of Mexico, unless the law establishes otherwise.