LEGAL ADVICE
1. Legal information and acceptance
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the company’s identification details are set out below. The present Internet portal is put at the service of the users by the entity, whose identifying data are
Company Name: COMANDANTE TARIFA, S.L.
CIF: B-93.475.317
Registered Office: Cl. Andasol, 4 – Planta 1- Puerta 14, Urb. Alvarito Playa – 29604 – Marbella – Málaga
Telephone: +34 956 000 041
Email: hotel@laresidenciatarifa.es
Registration data:
This legal notice sets out the general conditions governing access to and use of this website, hereinafter referred to as “the website”. The use of the website implies the express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the particular conditions that may apply to some of the specific services of the website.
Access to the website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the users. Certain services are exclusive to our customers and access to them is restricted.
The use of the Portal attributes the condition of user of the Portal (hereinafter, the ‘User’) and implies the acceptance of all the conditions included in this Legal Notice. The provision of the Portal service is limited to the time when the User is connected to the Portal or to any of the services provided through it. Therefore, the User must read carefully the present Legal Warning in each one of the occasions in which it is proposed to use the Web, since this one and its conditions of use gathered in the present Legal Warning can undergo modifications.
Some of the services of the Portal accessible to Internet users or exclusive to the clients of COMANDANTE TARIFA, S.L., may be subject to particular conditions, regulations and instructions that, in their case, substitute, complete and/or modify the present Legal Notice and which must be accepted by the user before the corresponding service is provided.
2. Intellectual and industrial property
This website and its contents are protected by current legislation on intellectual property.
COMANDANTE TARIFA, S.L. is the owner or licensee of all the intellectual and industrial property rights of its website, as well as the elements contained in it. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, on any support and by any technical means, is expressly prohibited without the authorization of Terms and Conditions.
The brands, commercial names or distinctive signs are the property of COMANDANTE TARIFA, S.L. or third parties, and access to the website cannot be understood to attribute any right to the aforementioned brands, commercial names and/or distinctive signs. All the products and services of these pages that are NOT property of COMANDANTE TARIFA, S.L. are registered trademarks of their respective owners and are recognised as such by our company. They only appear on the website of COMANDANTE TARIFA, S.L. for the purposes of promotion and information gathering. These owners may request the modification or elimination of the information that belongs to them.
3. Conditions of use of the portal
3.1 General
The User is obliged to make correct use of the Portal in accordance with the Law and this Legal Notice. The user will respond to COMANDANTE TARIFA, S.L. or to third parties for any damages that may be caused as a result of non-compliance with this obligation.
It is expressly prohibited to use the website for purposes that are harmful to the property or interests of COMANDANTE TARIFA, S.L. or third parties or that in any other way overload, damage or disable the networks, servers and other computer equipment (hardware) or computer products and applications (software) of COMANDANTE TARIFA, S.L. or third parties.
3.2 Contents
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as any other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
In accordance with the legislation in force, the User must abstain from:
– Reproducing, copying, distributing, making available, publicly communicating, transforming or modifying the Contents except in the cases authorized by law or expressly consented to by COMANDANTE TARIFA, S.L. or by whoever holds the ownership of the exploitation rights in its case.
– Reproduce or copy for private use the Contents that may be considered as Software or Database in accordance with current legislation on intellectual property, as well as their public communication or making them available to third parties when these acts necessarily imply reproduction by the User or a third party.
– Extracting and/or reusing all or a substantial part of the Contents of the website and the databases that COMANDANTE TARIFA, S.L. makes available to users.
3.3 Introduction of links to the Portal
Internet users who wish to introduce links from their own web pages to the Portal must comply with the conditions detailed below, without being unaware of them, avoiding the responsibilities derived from the Law:
The link will only connect with the home page or main page of the Portal but it cannot reproduce it in any way (online links, copy of the texts, graphics, etc).
In any case, it is forbidden, in accordance with the applicable legislation in force at any time, to establish frames of any kind that involve the Portal or allow the display of the Contents through Internet addresses other than those of the Portal and, in any case, when they are displayed together with contents outside the Portal so that: (I) it produces, or may produce, error, confusion or deception in the users about the true origin of the service or Contents; (II) it supposes an act of comparison or unfair imitation; (III) it serves to take advantage of the reputation of the brand and prestige of COMANDANTE TARIFA, S.L.; or (IV) in any other way is prohibited by the legislation in force.
No false, inaccurate or incorrect statement about COMANDANTE TARIFA, S.L., its partners, employees, clients or the quality of the services it provides will be made from the page that introduces the link.
In no case shall it be stated on the page where the link is located that COMANDANTE TARIFA, S.L. has given its consent to the insertion of the link or that it otherwise sponsors, collaborates, verifies or supervises the services of the sender.
The use of any word, graphic or mixed mark or any other distinctive sign of COMANDANTE TARIFA, S.L. within the page of the sender is prohibited except in the cases permitted by law or expressly authorised by COMANDANTE TARIFA, S.L. and provided that, in these cases, a direct link to the website is permitted in the manner established in this clause.
The page that establishes the link must faithfully comply with the law and may not in any case provide or link to its own content or that of third parties that: (I) are illicit, harmful or contrary to morals and good customs (pornographic, violent, racist, etc.); (II) induce or may induce in the User the false conception that COMANDANTE TARIFA, S.L. subscribes to, backs, adheres to or in any way supports the ideas, declarations or expressions, whether licit or illicit, of the sender; (III) are inappropriate or not pertinent to the activity of COMANDANTE TARIFA, S.L. in view of the place, contents and theme of the website of the sender.
4. Exclusion of responsibility
4.1 Information.
Access to the Portal does not imply an obligation on the part of COMANDANTE TARIFA, S.L. to verify the truthfulness, accuracy, suitability, exhaustiveness and timeliness of the information provided through it. The contents of this page are of a general nature and do not constitute, in any way, the provision of a legal advice service or of any type, and therefore this information is insufficient for the user to make personal or business decisions.
COMANDANTE TARIFA, S.L. is not responsible for the decisions taken based on the information provided in the Portal or for the damages caused to the User or third parties due to actions based solely on the information obtained in the Portal.
4.2 For the quality of the service
Access to the Portal does not imply an obligation on the part of COMANDANTE TARIFA, S.L. to control the absence of viruses, worms or any other harmful computer element. It is the responsibility of the User, in any case, to have adequate tools for the detection and disinfection of harmful computer programs.
COMANDANTE TARIFA, S.L. is not responsible for any damage caused to the computer equipment of the Users or third parties during the provision of the Portal service.
4.3 Service availability
Access to the website requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation do not correspond to COMANDANTE TARIFA, S.L. Consequently, the services provided through the website may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the website service.
COMANDANTE TARIFA, S.L. is not responsible for damages of any kind caused to the user by failures or disconnections in the telecommunications networks that lead to the suspension, cancellation or interruption of the website service during or prior to its provision.
4.4 Of the contents and services linked through the Portal
The Portal access service includes technical link devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter ‘Linked Sites’). In these cases, COMANDANTE TARIFA, S.L. acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce (LSSI) and will only be responsible for the contents and services provided in 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 illicit or inadequate content, he or she may communicate this to COMANDANTE TARIFA, S.L. in accordance with the procedure and effects established in clause 6, without this communication in any case entailing the obligation to withdraw the corresponding link.
In no case shall the existence of Linked Sites presuppose the existence of agreements with the persons responsible for or owners of the sites, nor the recommendation, promotion or identification of COMANDANTE TARIFA, S.L. with the statements, contents or services provided.
COMANDANTE TARIFA, S.L. has no knowledge of the contents and services of the Linked Sites and therefore is not responsible for the damage caused by the illegality, quality, lack of updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to COMANDANTE TARIFA, S.L.
5. Data protection.
You can consult our Data Protection policy (link) to know the use we make of your personal data.
6. Communication of activities of an illicit and inappropriate nature
In the event that the user or any other Internet user becomes aware that the Linked Sites refer to pages whose content or services are illicit, harmful, denigrating, violent or contrary to morality, he/she may contact COMANDANTE TARIFA, S.L. indicating the following:
– Personal data of the communicator: name, address, telephone number and email address;
– Description of the facts that reveal the illicit or inadequate character of the Linked Site;
– In the event of violation of rights, such as intellectual and industrial property, the personal data of the holder of the right infringed when it is a person other than the caller.
– Likewise, the title that accredits the legitimacy of the holder of the rights and, if applicable, the representation to act on behalf of the holder when it is a person other than the communicator, must be provided;
– An express declaration that the information contained in the claim is accurate.
The receipt by COMANDANTE TARIFA, S.L. of the communication provided for in this clause will not imply, in accordance with the provisions of the LSSI, effective knowledge of the activities and/or contents indicated by the caller.
Likewise, it must provide the title that accredits the legitimacy of the holder of the rights and, if applicable, that of representation to act on behalf of the holder when it is a person other than the communicator; express declaration that the information contained in the claim is exact.
7. Notifications
All notifications and communications made by the parties shall be valid in accordance with the means allowed by law. Those relating to this Portal will be considered effective, for all purposes, if they are made through the Portal itself.
8. Modifications
COMANDANTE TARIFA, S.L. reserves the right to make any modifications to its website that it considers appropriate without prior notice, and may change, delete or add both the content and services provided through the website and the way in which they are presented.
On the other hand, these terms and conditions may change at any time. The modifications will come into force from the moment of their publication.
9. Legislation
This Legal Notice is governed in each and every one of its aspects by Spanish law. Provided that the applicable law allows the waiver of the established legal jurisdiction, the courts of Marbella are designated as the jurisdiction to settle any disputes, and the user expressly waives any other jurisdiction that may correspond.
Online dispute resolution according to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/.
