1. Legal information and acceptance

The present provisions regulate the use of the internet service (hereafter, “webpage”) that the company HOSTAL AZAHAR (hereafter, HOSTAL AZAHAR) places at the disposal of the internet users.

HOSTAL AZAHAR with registered office at C/ Corregidor Luis de la Cerda, 68 14003 Córdoba.

E-mail: info@hostalesenciadeazahar.com

C.I.F. E14965487.

Access to the webpage is free except in those items related to the cost of the connection through the network supplied by the access supplier contracted by users. Specific services are exclusive for our clients and access is restricted.

The use of the webpage allocates the condition of webpage user (hereafter, “user”) and implies the acceptance of all the conditions included in this Legal Warning. The provision of services of the webpage has a limited duration when the user is connected or to any of the services that are facilitated by means of the same. Therefore, the user must read carefully the present legal warning in each of the occasions they wish to use the webpage, given that the same and the conditions of use included in the present legal warning can suffer alterations.

Some services in the webpage which can be accessed by the internet users or exclusive for the clients of HOSTAL AZAHAR, can be submitted to particular conditions, regulations and instructions that, if applicable, substitute, complete and/or modify the present legal warning and that will have to be accepted by the use before initiating the corresponding provision of services.

2. Intellectual and Industrial Property

All the contents on the webpage, understanding as the same, including but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audio-visual or sound contents, as well as the graphic design and font codes (hereafter, “contents”) are intellectual property of HOSTAL AZAHAR or third parties. This are not understood as assigned to the user any of the exploitation rights acknowledged by the regulation in force regarding the intellectual property of the same, except those that result strictly necessary for the use of the webpage.

The marks, commercial names or distinctive signs are owned by HOSTAL AZAHAR or third parties, without understanding that the access to the webpage attributes any right over the said marks, commercial names and/or distinctive signs.

3. Conditions of use of the webpage

 General

The user is obliged to use correctly the webpage in accordance to the Law and the present legal warning. The user will respond before gurrerocar.com or before third parties, of any damages that they could cause as a consequence of the non-fulfilment of the said obligation.

It is expressly prohibited the use of the webpage with harmful aims of assets or interests of HOSTAL AZAHAR or third parties or any other form that overcharge, damage or disable networks, servers and other IT systems (hardware) or products and IT applications (software) of HOSTAL AZAHAR or third parties.

• Contents

The user undertakes to use the contents in accordance to the Law and the present legal warning, as well as the rest of conditions, regulations and instructions which may be applicable in accordance to the foreseen in clause 1.

Including but not limited to, the user in accordance to the legislation in force must refrain from:

Reproducing, copying, distributing, placing at the disposal, communicating publicly, transforming or modifying the contents except in the cases authorized by Law or expressly consented by HOSTAL AZAHAR or whoever has the ownership of the exploitation rights, if applicable.

Reproduce or copy for private use the contents that can be considered as software or Data base in accordance to the legislation in force concerning intellectual property, as well as the public communication or placing at the disposal of the third parties when these acts imply necessarily the reproduction by the user or a third party.

Extract and/or reuse the totality or a substantial part of the contents that form part of the webpage as well as the database that HOSTAL AZAHAR places at the disposal of the users.

• Data collection forms

Without prejudice of the foreseen in clause 5 of the present legal warning, as well as the privacy policies that can be accessed from the webpage and that can result applicable in each moment, the use of certain services or applications sent to HOSTAL AZAHAR are conditioned to a prior fulfilment of the corresponding registry of the user.

All the information that the user facilitates through the forms on the webpage to the previous effects or any other must be true. To these effects, the user guarantees the authenticity of all those details communicated and will maintain the information provided to HOSTAL AZAHAR perfectly updated in order that they respond in every moment, to the real situation of the user. In every case, the User will be the sole responsible of the false or inexact declaration carried out and the damages caused to HOSTAL AZAHAR or to third parties due to the information provided.

• Introduction of links to the webpage

The internet user that wishes to introduce links from their own webpages will have to comply with the conditions details in following. The lack of knowledge of the same will not avoid the responsibilities derived by Law:

The link will only be linked to the homepage or the main page of the web, however it cannot be reproduced in any manner (online links, copying texts, graphics, etc.)

It will be forbidden in every case, in accordance to the applicable legislation in force in each moment, to establish frames or scopes of any kind that surround the webpage or allow the display of contents by means of internet addresses other than the webpage and, in any case, when they are displayed jointly with contents that are not the webpages in a way that: (I) produces, or can produce, errors, confusion or misleading in the users regarding the true origin of the service or contents; (II) implies an act of unfair comparison or imitation; (III) serves to take advantage of the reputation of the brand and HOSTAL AZAHAR’s prestige; or (IV) of any other form that is forbidden by the legislation in force.

Any type of false, inexact or incorrect statement regarding HOSTAL AZAHAR, the partners, employees, clients or the quality of services provided, will not be carried out from the page that introduces the link.

In no case, it will be stated in the page where the link is located that HOSTAL AZAHAR has given their consent to include the link or that in another manner sponsors, collaborates, verifies or supervises the services of the sender.

It is forbidden to use any word mark, graphic or mixed or any other distinctive sign of HOSTAL AZAHAR within the page of the sender except in the cases permitted by Law or expressly authorised by HOSTAL AZAHAR and as long as it is permitted, in those cases, a direct link to the page in the manner established in this clause.

1. LIABILITY EXCLUSION

 

• Of the information

Access to the webpage does not imply the obligation of HOSTAL AZAHAR to verify the truthfulness, accuracy, suitability, exhaustivity and timeliness of the information supplied by the same. The contents of this page have general nature and do not constitute in any manner the provision of services for legal advice or of any type. Therefore, the said information is not sufficient to take personal or business decisions by the user.

HOSTAL AZAHAR is not liable for the decisions made from the information supplied in the page or the damages produced in the user or third parties due to acts on the sole basis of the information obtained on the page.

• quality of the service

Access to the webpage does not imply the obligation of HOSTAL AZAHAR to control the absence of viruses, computer worms or any other harmful IT element. The availability of adequate tools to detect and disinfection of harmful IT programs corresponds in every case to the user.

HOSTAL AZAHAR is not liable for the damages produced in the user IT systems or third parties during the provision of services of the page.

• Availability of the service

 Access to the page requires services and supplies of third parties, including the transport by means of telecommunication networks whose trustworthiness, quality, continuity and functioning dos not correspond to HOSTAL AZAHAR. Therefore, the services provided through the webpage can be suspended, cancelled or result inaccessible, with prior or simultaneous nature to the provision of services of the page.

HOSTAL AZAHAR is not liable for the damages of any type produced in the user due to faults or disconnections on the network that cause the suspension, cancellation or interruption of the web service during the provision of services of the same or previously.

• The contents and services linked through the portal site

 The access service to the page includes technicals links, directories and also search instruments that allow the user to access other pages and portal sites (hereafter, “Linked places”). In these cases, HOSTAL AZAHAR acts as a service provider for intermediation in accordance with article 17 of Law 34/2002, of the 12^th July, regarding Society services of Information and Electronic commerce (LSSI) and will only be responsible of the contents and services supplied in the linked places knowing effectively that it is illegal and has not deactivated the link with the due diligence. In the event that the user considers that there is a linked place with illicit contents or inadequate, that can inform HOSTAL AZAHAR in accordance with the proceeding and the effects established in clause 6. In no case will this communication lead to the obligation of removing the corresponding link.

In no case, the existence of linked place must imply the existence of agreements with those responsible or owners of the same, or the recommendation, promotion or identification of HOSTAL AZAHAR with the statements, contents or services provided.

HOSTAL AZAHAR does not know the contents and services of the linked places and therefore is not liable for the damages produced due to being illicit, quality, not updated, unavailability, error or uselessness of the contents and/or services of the linked places or any other damage that is not directly attributable to HOSTAL AZAHAR

2. Personal Data Protection

 The details obtained from the inclusion of details form of the portal site will be incorporated to an automatic file of personal details of which HOSTAL AZAHAR is responsible. This entity will treat the details confidentially and exclusively with the aim of managing the relation with the applicants and those federated. Also, HOSTAL AZAHAR will cancel, eliminate and/or block the details when they result inexact, incomplete or are not necessary or relevant for their aim, in accordance to the foreseen in the legislation regarding data protection.

By pressing the “send” button of the corresponding form, the user consents HOSTAL AZAHAR to send the information by email or any other means. However, the user can oppose to sending the said communications in writing with a copy of their personal identification to the address Avenida del Sol 3, Fuengirola, Malaga, “9640. Also, in each of the communications, they will indicate expressly the proceeding used to oppose to the said sendings.

In the data collection forms, the areas marked with an asterisk area obligatory, therefore in the case that the user does not provide the corresponding details, HOSTAL AZAHAR will be able at their sole discretion reject the corresponding service.

The user can revoke their consent and exercise all the access, rectification, cancellation or opposable rights addressing to this effect in the address stated in clause 1.

HOSTAL AZAHAR adopts the security levels required by the Security Measures Regulation approved by Royal Decree 1720/2007 of the 21^st December, by which the development regulation is approved by Organic Law 15/1999, the 13^thDecember, of Personal Data Protection. Notwithstanding the previous, the technical security in a mean like internet is not inviolable and there can be existing filters due to wilful acts of third parties.

HOSTAL AZAHAR can use cookies during the provision of services of the portal site. Cookies are automatic procedures to obtain information relating to the specific preferences of a user during their visit to a specific page. This information is registered in small files that are stored in the IT systems of the corresponding user unnoticeably. Every time the user accesses the webpage again these files will be automatically activated in order that it configures the webpage with the preferences marked on previous occasions. In definitive, cookies are personal information files stored in the user’s terminal and associated only to this terminal. Cookies cannot read the cookie files created by other supplies.

The user has the possibility to configure their navigator in order that it impedes the creation of cookie files or warns the moment that this occurs. The portal site is accessible without requiring that the option concerning cookie file is activated, they can either impede the correct functioning of the security mechanisms for exclusive services or specific services that require greater security. As a general rule, the aim of the cookie files of the portal site is to facilitate the navigation of the user.

The server that transfers and activates the automatic proceeding to obtain information has a validity period of 12 months, after which the cookie files will be automatically deleted.

3. Communication of illicit and inadequate activities

In the case that the user or any other internet user have knowledge that the linked places send you to pages where the contents or services are illicit, harmful, degrading, violent or contrary to moral they can contact HOSTAL AZAHAR indicating the following items:

Personal information of the communicator: name, address, telephone number and email address;

Description of events that reveal the illicit or inadequate nature of the linked place;

In the event of violation of rights, such as intellectual and industrial property, the personal details of the owner of the infringed right when it is a person other than the communicator. They will also have to provide the title that proves the legitimacy of the owner of the rights, and if applicable, the representation to act on behalf of the owner when it is a person other than the communicator.

Express declaration that the information included in the claim is exact.

The reception by HOSTAL AZAHAR of the communication foreseen in this clause will not imply, according to the foreseen in the LSSI the effective knowledge of the activities and/ or contents indicated by the communicator.

They will also have to provide the title that proves the legitimacy of the owner of the rights, and if applicable, the representation in order to act on behalf of the owner when it is a person different to the communicator: express declaration that the information included in the claim is exact

The reception by HOSTAL AZAHAR of the communication foreseen in this clause will not imply, in accordance to the foreseen in the LSSI, the effective knowledge of the activities and/ or contents indicated by the communicator.

4. Legislation

 The present legal warning is ruled in each and every one of its extremes by Spanish Law.