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Legal Notice

LEGAL NOTICE

1. GENERAL INFORMATION

The object of this document (hereinafter “the Legal Notice”) is to regulate the access to and use by the user (hereinafter, “the User”) of the website www.7pines-ibiza.com (hereinafter, “the Website”).

To comply with the provisions of Law 34/2002 of July 11 on information society and electronic commerce services, the general information concerning the website is provided below:

Owner: Seven Pines Resort Ibiza S.L.

Address: Avda. Jaime III, 29, entlo., 07012 Palma de Mallorca

Commercial register: Registro Mercantil de Palma de Mallorca, Documento 1/2015/8.568,0, Asiento: 228/6320, Fecha: 03/07/2015, Tomo 2620, Libro: 0, Folio:107, Hoja: PM-76723, Inscrip.: 1

Tax ID: B57918914

Email address: info@7pines.com

Phone Number: +34 971 195 200

2. USERS

The term “User” is used herein to refer to the individuals or entities that access this website for whatever reason. Access to and/or use of the Website implies the condition of User and acceptance from that moment of the Legal Notice. It is therefore recommended that the User carefully reads all of the Legal Notice prior to each use of the services offered by the Website.

Since 7 Pines may modify the Legal Notice at any time and without prior notice, the User is recommended to check the Legal Notice of the Website prior to each use. Changes will not be applied retroactively and will take effect from the date of publication. If the User does not accept the amended terms, the User should stop using the service.

By accepting these Legal Notice, the User states that it has read, understood and accepted the conditions herein and, as a consequence, agrees to abide by all of the obligations listed here.

3. THE USE OF THE WEBSITE AND COMMUNICATION FACILITIES

The User undertakes to use the Website and all of the content and services of same in line with legal, moral and public order conditions and those set out in these Legal Notice. In addition, the User undertakes to make appropriate use of the services and/or content of the Website and to refrain from using them for unlawful or criminal activities, activities that contravene the rights of third parties and/or activities that constitute an infringement of intellectual and industrial property law, or any other legal regulations that may be applicable.

The User undertakes to abide by the following conditions, including but not limited to:

I. The User will not enter or disseminate content or propaganda that is racist, xenophobic, pornographic, sympathetic to terrorism or that constitutes an infringement of human rights.

II. The User will not enter or disseminate via the internet data programs (viruses and malware) that could cause damage to the computer systems of the access provider, their service providers or third-party users of the internet network.

III. The User will not disseminate, transmit or provide third parties with any type of information, element or content that might constitute a breach of the fundamental rights and public freedoms recognized by the Spanish Constitution and International Treaties.

IV. The User will not disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.

V. The User will not transmit unsolicited or unauthorized advertising, advertising material, “spam”, “chain mails”, “pyramid schemes” or any other form of solicitation.

VI. The User will not enter or disseminate any information or content that is false, ambiguous or inexact in a way that would lead recipients of the information to commit errors.

VII. The User will not impersonate other Users by using their registration data for the different services and/or content on the Website.

VIII. The User will not disseminate, transmit or provide third parties with any type of information, element or content that might constitute a breach of intellectual and industrial property rights, patents, brands or copyright held by the owners of the Website or by third parties.

IX. The User will not disseminate, transmit or provide third parties with any type of information, element or content that implies a violation of the confidentiality of communications or data protection laws.

4. RESPONSIBILITY OF USERS FOR DAMAGES

The User undertakes to compensate 7 Pines for any possible complaint, fine, penalty or sanction to which the company may be subject as a result of failure on the part of the User to comply with any of the conditions of use listed above. 7 Pines reserves the right to request compensation for any corresponding damages.

7 Pines reserves the right to prohibit any User who infringes the rules and obligations set out in the Legal Notice from using the services offered through the Website.

5. HYPERLINKING TO NETWORK

The Website may make available to users links to other websites operated and controlled by third parties. These links have the sole function of making it easier for users to search for information, content and services on the internet and in no way may be considered a suggestion, recommendation or invitation to visit them. 7 Pines has not entered into agreements with those responsible for or the owners of said sites and does not sell, manage, control, nor endorse any content, services, information and data available on such websites.

7 Pines is unaware of the content and services provided on the linked sites and therefore assumes no liability, either directly or indirectly, for any damages of any kind arising from access, maintenance, use, quality, legality, reliability and usefulness of the content, information, communications, opinions, events, products and services found or offered on the linked sites.

In those 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 7 Pines is a simple intermediary by facilitating this access and shall not be liable either indirectly or jointly for damages of any type resulting from the free use and/or contracting of said services and products from third parties, or for the unlawful nature, unreliability, lack of usefulness, untruthfulness, inexact nature, inexhaustive or not up-to-date nature of these. The User should therefore confirm that the information published is accurate and complete before taking any decision in relation to any service or content described on the linked site.

Access by the User to the Website does not imply an obligation on the part of 7 Pines to ensure the absence of viruses, worms or any other harmful elements. The User is responsible for ensuring access to appropriate tools for the detection and clean-up of harmful computer programs.

7 Pines shall accept no liability for damages caused to software and computer equipment owned by Users or third parties during the use of the services offered on the Website, nor for damages of any type caused to the User resulting from failures or disconnection in the telecommunications network leading to the suspension, cancellation or interruption in the Website service during the provision of the service prior to this.

6. INTELLECTUAL PROPERTY

All trademarks, trade names or logos of any kind that appear on the Website are owned by 7 Pines or its licensors, and it may not be understood that the use or access to the Website and/ or the Website services gives the User any rights over such kind of distinctive signs and their use.

The content and information appearing on the Website are the property of 7 Pines or its licensors. None of the rights of use recognized by current intellectual property Law applicable to these may be considered to be assigned to the User. It may not be understood that any of the rights that exist or may exist on any such content or information is being transferred to the User, beyond what is necessary for the correct use of the Website and the Website services.

The intellectual property rights of the Website as well as any other items considered likely to be subject to the rules of intellectual property, exclusively belong to 7 Pines or its licensors.

As the sole owner of the intellectual property of the Website, 7 Pines has exclusive rights to ownership of the domain www.7pines-ibiza.com and therefore to grant any authorization for the exercise of any activity arising from exploitation rights thereof, and in particular the right of reproduction, public communication distribution or transformation, whatever the format used.

The user must use the content and information contained in the Website diligently, correctly and, in particular, solely for personal, non-commercial use, provided that the User does not modify or delete any content or any mention of sources, copyright and other data identifying 7 Pines or the rights of third parties in its original form. The copying, distribution or publication of any kind of the content published on the Website is prohibited without the prior written authorization of 7 Pines.

7. PRIVACY

If the Website collects personal data, the Owner will be responsible for them and will treat them with absolute confidentiality and security. You can find more information in our privacy policy and cookies.

8. MODIFICATIONS

The Holder reserves the right to make the modifications it deems appropriate, without prior notice, in the content of its website. Both with regard to the contents of the website, as in the conditions of use thereof, or in the general conditions of the contract. Said modifications may be made through its website by any admissible form in law and shall be binding during the time they are published on the web and until they are validly modified by subsequent ones.

 

9. APPLICABLE LAW AND COMPETENT JURISDICTION

The current conditions are subject to Spanish law. All disputes arising in connection with this Legal Notice shall exclusively be submitted to the competent court in Palma de Mallorca, Spain.

10. NULL AND VOID CLAUSES

If any clause included in these Legal Notice should be declared totally or partially null or void, this shall only affect the provision or part of the provision that is null or void. 7 Pines undertakes to substitute the provision in question by a provision that most closely complies with the intent initially pursued. The remaining provisions shall not in any way be affected or impaired thereby.

GENERAL TERMS AND CONDITIONS

1. GENERAL INFORMATION

The object of this document (hereinafter, “the General Terms & Conditions”) is to regulate the access to and use by the user (hereinafter, “the User”) of the services offered on the website www.7pines-ibiza.com (hereinafter, “the Website”).

To comply with the provisions of Law 34/2002 of July 11 on information society and electronic commerce services, the general information concerning the website is provided below:

Owner: Seven Pines Resort Ibiza S.L.

Address: Avda. Jaime III, 29, entlo., 07012 Palma de Mallorca

Commercial register: Registro Mercantil de Palma de Mallorca, Documento 1/2015/8.568,0, Asiento: 228/6320, Fecha: 03/07/2015, Tomo 2620, Libro: 0, Folio:107, Hoja: PM-76723, Inscrip.: 1

Tax ID: B57918914

Email address: info@7pines.com

Phone Number: +34 699 165787

Through the Website, 7 Pines provides users with information on its hotels and services, such as On-line Room Reservations, Pre-reservation Services, Rates, Employment Opportunities and Different Promotions (hereinafter, “the Services”).

2. USERS

The term “User” is used herein to refer to the individuals or entities that access this website for whatever reason. Access to and/or use of the Website services implies the condition of User and acceptance from that moment of the General Terms & Conditions. It is therefore recommended that the User carefully reads all of the General Terms & Conditions prior to each use of the services offered by the Website.

Since 7 Pines may modify the General Terms & Conditions at any time and without prior notice, the User is recommended to check the General Terms & Conditions of the Website prior to each use. Changes will not be applied retroactively and will take effect from the date of publication. If the User does not accept the amended terms, the User should stop using the service.

By accepting these General Terms & Conditions, the User states that it has read, understood and accepted the conditions herein and, as a consequence, agrees to abide by all of the obligations listed here.

3. USE OF THE ON-LINE PRE-RESERVATION AND RESERVATION SERVICES

3.1. ON-LINE PRE-RESERVATION SERVICES

The on-line Pre-Reservation services are merely informative, allowing the Users to consult room availability in the hotel. The User will receive an email confirming that the reservation has been made within 24 hours. The Reservation will only be binding after 7 Pines has accepted the Reservation by means of said confirmation email and the User has subsequently made the payment.

3.2. ON-LINE RESERVATION SERVICES

The purpose of the On-line Reservation Services is the Reservation of a room or several rooms, as well as other services, in a 7 Pines hotel. The use of the On-line Reservation Service implies the full acceptance of each and every clause of the General Terms and Conditions. Once accepted, the General Terms & Conditions shall be automatically incorporated in the agreement entered into with 7 Pines, without their written transcription therein being necessary.

Within 24 hours of using the service, the User will receive confirmation by email including the information of the User’s purchase order. If the User is a consumer, once the payment has been made, it will receive an email confirming the reservation, which will act as proof of the reservation.

The rates relative to the Reservation are indicated during the Reservation process. These rates include VAT but do not include any other taxes, such as tourist taxes or any other local taxes, which must be applied to the rates and payed by the client at the hotel. The price shown at the moment of the reservation includes VAT at the tax rate applicable at that moment. Should the tax rate change between the date of the reservation and the date when the services are provided, the applicable tax rate will be the one applicable at the time when the services are provided. As a consequence, the difference should be reimbursed to the client or payed by the client at the hotel.

The Reservation is confirmed and guaranteed all night long with a credit card. If the client does not show up without prior notice, the first night’s stay will be charged. The client will not be charged a cancellation fee provided that it makes the cancellation before 06:00 pm on the day of arrival. The amount of the cancellation fee equals to the price of the first night.

3.3. CORRECT USE OF THE SERVICES

The User undertakes to make use of the Services in line with legal, moral and public order conditions and those set out in these General Terms & Conditions. In addition, the User undertakes to make appropriate use of the services and/or content of the Website and to refrain from using them for unlawful or criminal activities, activities that contravene the rights of third parties and/or activities that constitute an infringement of intellectual and industrial property law, or any other legal regulations that may be applicable.

4. PERSONAL DATA PROTECTION

Users of the online pre-reservation and reservation services are knowingly and voluntarily providing personal data and expressly agree in full to 7 Pines storing and processing them automatically. Due to the characteristics of the activity and services offered by 7 Pines, and pursuant to the achievement of its objectives, the storing and processing of personal data on users is required to provide the services, as well as the transfer of such data to third parties, including international transfers. To this end, the personal data will be collected and processed in a file owned by Seven Pines Resort Ibiza S.L. This file is the responsibility of 7 Pines and is registered with the competent authority.

The purpose for which the information provided by the User is collected and processed is specified on the Privacy Policy , which must be accepted at all times to complete the contracting of the service.

Data owners may, at all times, exercise their right to access the information and their rights to rectification, cancellation and opposition in the terms established in data protection legislation by sending an email to info@7pines.com (Ref. Data Protection). User content to the processing and transfer of personal data will be revocable at any time without any retroactive effect, as required by articles 6 and 11 of the Organic Law 15/1999 of 13 December on the Protection of Personal Data, through the same mechanism described above. Users guarantee and are the only ones responsible for the truthfulness, accuracy, validity and authenticity of the personal data made available and undertake to keep them duly updated.

7 Pines guarantees that the personal data is treated confidentially and applies the strictest security measures required by Spanish legislation on data protection and storage for the treatment thereof. However, 7 Pines may disclose personal data to the competent authorities as well as any other information that is in its possession or is accessible via its system and is required by the applicable legal regulations in each case.

The electronic document with which the reservation is formalized is archived electronically during the established statutory period. Clients may access data by exercising their corresponding access rights in the aforementioned manner.

For more information about 7 Pine’s data protection policy, please visit the Privacy Policy .

5. RIGHT TO AMEND THE GENERAL TERMS & CONDITIONS

7 Pines reserves the right to unilaterally and without prior notice to amend any of the General Terms & Conditions, informing users of the amendments made through its website.

6. GUARANTEE AND LIABILITY DISCLAIMER

7 Pines does not guarantee the reliability, availability or continuity of the services made available to the User and, consequently, disclaims any liability for damages or losses that may be due to the lack thereof. However, 7 Pines will seek to resolve the interruption and put alternative measures as far as possible.

7 Pines shall accept no liability for damages caused to software and computer equipment owned by Users or third parties during the use of the services offered on the Website, nor for damages of any type caused to the User resulting from failures or disconnection in the telecommunications network leading to the suspension, cancellation or interruption in the Website service during the provision of the service prior to this.

7 Pines does not control the contents for the presence of viruses or other elements that may cause alterations in the software or hardware of the User and, consequently, shall not be held responsible for any damages or losses of any type that may result therefrom.

If 7 Pines is unable to provide the booked rooms for reasons that are not attributable to 7 Pines or should it be impossible to provide the Services under the agreed terms, 7 Pines shall offer the User the possibility of choosing between a refund or the substitution for other rooms with similar category. It the service were to be of inferior category, 7 Pines would refund the difference.

7. WWW.7PINES-IBIZA.COACCEPTANCEPTANCE OF THE LEGAL NOTICE

The User accepts that the use of these online services presupposes full and unconditional acceptance of each and every one of the provisions set out on the Legal Notice and the General Terms & Conditions. The provisions set out on the Legal Notice complete these General Terms & Conditions in all aspects that are not in opposition to them. As a consequence, the User should read the Legal Notice before accessing the Website or making use of its Services.

8. APPLICABLE LAW AND COMPETENT JURISDICTION

The current conditions are subject to Spanish law. All disputes arising in connection with this General Terms & Conditions shall exclusively be submitted to the competent court in Palma de Mallorca, Spain.

9. NULL AND VOID CLAUSES

If any clause included in these General Terms & Conditions should be declared totally or partially null or void, this shall only affect the provision or part of the provision that is null or void. 7 Pines undertakes to substitute the provision in question by a provision that most closely complies with the intent initially pursued by the parties. The remaining provisions shall not in any way be affected or impaired thereby

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