LEGAL NOTICE
LEGAL NOTICE AND TERMS OF USE OF THE WEBSITE
Access to the website www.hotelsviva.com confers the status of USER and implies 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 Terms and Conditions of Contract which, where applicable, are mandatory. We therefore advise you to read these documents before using the functionalities offered by this website, as well as each time you access it, as we reserve the right to change, modify, add or delete any part of these conditions at any time.
Under no circumstances does mere access to this website imply the existence of a commercial relationship between the user and the website.
I. HOLDER OF THE WEBSITE
For the purposes of the provisions of Art. 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following information is provided about the owner of this website:
Owner: INVERSIONES PASCUAL S.L. (hereinafter, ‘HOTELS VIVA’).
CIF: B07461767
Registered office: Agustín Argüelles, nº1, 07400 Alcudia
Owner: HOLUDIA, S.L. (hereinafter, ‘HOTELS VIVA’).
CIF: B07031461
Registered office: Agustín Argüelles, nº1, 07400 Alcudia
Registration data: Registered in the Mercantile Register of Mallorca, Volume 1.134, Folio 170, Page PM-7.
In addition to the registered office, the following channels are available for users to address their requests, questions or complaints:
Contact form on the website
Contact legal department: dpd@hotelsviva.com
II. CONDITIONS OF USE
1. Introduction. HOTELS VIVA offers on this website information about its tourist accommodation services, and bookings can be made directly online. By accessing and using this website, you agree to be bound by the conditions set out below, so we recommend that you read this section carefully before browsing.
2. Obligations of the Users. 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 damage the rights or interests of HOTELS VIVA or third parties. By way of example and in no way limiting or excluding, the User also undertakes to:
Not to incur in illegal activities or activities contrary to public order or good faith;
Not to attempt to access, modify, manipulate and, where appropriate, use the accounts of other Users;
Not to use the data published on the Website to send unsolicited communications (spam).
Not to introduce or disseminate false, misleading, ambiguous or inaccurate information or content on the website in such a way as to mislead the recipients of the information, nor to disseminate content of a racist, xenophobic, pornographic, terrorist apology nature or that violates human rights or the rights of minors;
Not to carry out actions that involve or entail a violation of the intellectual property rights of HOTELS VIVA or third parties;
Not to cause damage to the physical and logical systems of HOTELS VIVA, 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 remove, 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 at the user's own risk, therefore, HOTELS VIVA, nor its administrators, employees, suppliers or collaborators shall be liable for damages of any nature, direct or otherwise, arising from the use of the website, expressly excluding HOTELS VIVA, to the full extent provided by law, any kind of guarantees, whether express or implied.
HOTELS VIVA does not guarantee the availability and accessibility of the website, although it shall make every reasonable effort to do so. Occasionally, interruptions may occur for the time necessary to carry out the corresponding maintenance operations.
HOTELS VIVA shall not be held responsible for any possible damages derived from interferences, interruptions, computer viruses, telephone breakdowns or telephone disconnections caused by causes beyond the control of the aforementioned entity; for delays or blockages in the use of this electronic system caused by deficiencies or overloads in the data processing centre, telephone lines, the Internet system or other electrical systems; nor for any other alteration that may occur in the Users' software or hardware. Neither does it guarantee the absence of viruses, malware, Trojans or other elements that may cause alterations to the User's computer system, documents or files, excluding any liability for damages of any kind caused to the User for this reason. Likewise, HOTELS VIVA shall not be liable for damages caused by third parties through illegitimate intromissions beyond its control.
Neither shall it be liable for damages caused by the use or misuse of the contents of the Website, 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. HOTELS VIVA does not assume any obligation or responsibility with respect to those services that it does not provide directly.
4. External links. Under no circumstances shall HOTELS VIVA assume any responsibility for the contents of the links belonging to an external website, nor shall it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and legality of any material or information contained in any of these hyperlinks or other Internet sites. Likewise, the inclusion of these external connections does not imply any type of association, merger or participation with the connected entities.
5. Denial of access and cancellation of accounts. HOTELS VIVA reserves the right to deny access to the Website to those Users who fail to comply with these conditions; in the event of unforeseen technical or security problems; or in compliance with a requirement and/or a police, judicial or administrative order.
Said cancellation or suspension shall be carried out at the sole discretion of HOTELS VIVA and shall not give rise to any type of compensation.
6. Processing of personal data. Users consent to the processing of their personal data to the extent and under the terms indicated in our privacy policy, which is available on the home page of the Website, and said policy is also incorporated into these terms and 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 the right to oppose its processing and portability.
7. Intellectual property and copyright. The intellectual property rights of the website, the domain name, its source code, design and navigation structure and elements contained therein (including but not limited to images, sound, audio, video, software, or texts; trademarks or logos, colour combinations, structure and design, etc.) are the property of HOTELS VIVA, which has exclusive rights to exploit them in any form, and in particular the rights of reproduction, distribution, public communication and transformation, in accordance with the provisions of the current Intellectual Property Law. The reproduction, distribution and public communication, including making available, of all or part of the contents of this website in any medium and by any technical means, without the authorisation of HOTELS VIVA or, where appropriate, of the third parties who hold the intellectual property rights or copyright over the contents affected, are expressly prohibited. Notwithstanding the above, 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 medium provided that 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 they only allow access to this website or service but do not reproduce its contents and services.
8. Invalidity of clauses. In the event that any provision of these conditions of use is declared null and void, it shall only affect that provision or that part of it which has been declared null and void, the conditions shall remain in force in all other respects and the provision, or the part affected, shall be deemed not to have been included.
9. Acceptance. Access to and use of the Website necessarily implies that each and every one of these conditions of use is expressly accepted by you.
10. Applicable law and jurisdiction. Without prejudice to the rights recognised to consumers by Royal Legislative Decree 1/2007, of 16 November, this website shall be governed by Spanish law with the exclusion of its conflict of law rules and any dispute that may arise from its use or the services linked to it shall be subject to the jurisdiction and competence of the Courts and Tribunals of HOTELS VIVA, and users expressly waive their own jurisdiction if they have one.
The European Commission provides a platform for online dispute resolution aimed at consumers, who can access the same through the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Hotels VIVA
Oficinas Centrales
Tel: (+34) 971869500