Terms

This Legal Notice governs the use of the Internet portal www.aphoteles.com.
The purpose of this document is to regulate the TERMS OF USE and safeguard the PROTECTION OF USERS of the aforementioned portals owned by AP Hoteles y Servicios de Parking S.A. (hereinafter AP Hoteles), with Tax Identification Number (CIF) A28183457 and registered office at Av. Aragón 345, Madrid, Spain. The terms “You” and “User” are used herein to refer to all individuals and/or entities who, for any reason, access this web portal.

Through these portals, AP Hoteles aims to offer its products to users by providing information related to its services. 

1. GENERAL CONDITIONS AND THEIR ACCEPTANCE

These general conditions (hereinafter, the “General Conditions”) regulate the use of the Internet portal service (hereinafter, the “Portal”) that AP Hoteles makes available free of charge to Internet users.

Use of the Portal grants the status of Portal user (hereinafter, the “User”) and implies full and unreserved acceptance by the User of each and every one of the General Conditions published on the Portal at the moment the User accesses it.

Consequently, the User must carefully read the General Conditions each time they intend to use the Portal.

The use of certain services offered to Users through the Portal may be subject to specific conditions which, depending on the case, replace, supplement and/or modify these General Conditions (hereinafter, the “Specific Conditions”).  

Therefore, before using such services, the User must carefully read the applicable Specific Conditions.

Likewise, the use of the Service is also subject to all notices, usage regulations and instructions made known to the User by AP Hoteles, which complement these General Conditions insofar as they do not contradict them.

2. PURPOSE

Through the Portal, AP Hoteles provides Users with access to and use of various services and content made available either by AP Hoteles itself or by third-party users and/or service and content providers (hereinafter, the “Services”).

AP Hoteles reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the Portal, as well as the Services and the conditions required to use the Portal and the Services.

3. CONDITIONS OF ACCESS AND USE OF THE PORTAL

3.1 Free nature of access and use

The Portal service provided by AP Hoteles is free of charge for Users and does not require prior subscription or registration. However, the use of certain Services may require subscription, user registration and/or payment of a price, as expressly indicated in the corresponding Specific Conditions.

3.2 Obligation to make proper use of the Portal and the Services

The User undertakes to use the Portal and the Services in accordance with the law, these General Conditions, generally accepted moral standards and public order. The User agrees to refrain from using the Portal and the Services for unlawful purposes or effects, contrary to these General Conditions, harmful to the rights and interests of third parties, or that may in any way damage, disable, overload or deteriorate the Portal and the Services or prevent the normal use and enjoyment of the Portal and the Services by other Users.

3.3. Means for obtaining Content

The User shall refrain from obtaining or attempting to obtain information, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any type of material accessible through the Portal or the Services (hereinafter, the “Content”) by using means or procedures other than those that have been made available for that purpose on the web pages where the Content is located or those commonly used on the Internet, provided that they do not involve a risk of damage or disabling of the Portal, Services or Content.

3.4. Proper use of Content

The User undertakes to use the Content diligently, correctly and lawfully and, in particular, agrees to refrain from:

• Using the Content for purposes or effects contrary to the law, morality, generally accepted good practices or public order.
• Reproducing, copying, distributing, publicly communicating, transforming or modifying the Content unless authorized by the holder of the corresponding rights or legally permitted.
• Removing, circumventing or manipulating copyright notices or other identifying data of the rights of AP Hoteles or their holders incorporated into the Content.

3.5. Hyperlinks to the Portal. Users or any other persons wishing to establish a hyperlink between their website and the Portal (hereinafter, the “Hyperlink”) must comply with the following conditions:

• The Hyperlink may only provide access to the Portal’s web pages but may not reproduce them.

• No hyperlinks may be established to pages other than the Portal homepage.
• No browser or border environment may be created over the Portal pages.
• No false, inaccurate or incorrect statements may be made regarding the Portal or its Services.
• Except for signs forming part of the Hyperlink itself, the website where it is established may not contain trademarks, trade names, logos or distinctive signs belonging to AP Hoteles.
• The website establishing the Hyperlink must not contain unlawful content or content contrary to morality, public order or third-party rights.

The establishment of the Hyperlink does not imply any relationship between AP Hoteles and the owner of the linking website, nor approval of its content or services.

4. PERSONAL DATA

To use some of the Services, Users must previously provide AP Hoteles with certain personal data (hereinafter, “Personal Data”). AP Hoteles will process Personal Data automatically for the purposes and under the conditions defined in its Data Protection Policy (Privacy Policy).

The company Hotel Avion S.A. guarantees the confidentiality of personal data and will comply with Spanish data protection regulations. In accordance with Organic Law 15/1999 of December 13 on the Protection of Personal Data, users acknowledge and accept that their personal data will be incorporated into a file owned by Hotel Avion S.A. for the purpose of managing reservations, offering personalized products and services, and improving customer relationships. Users may exercise their rights of access, rectification, cancellation and objection by sending an email to: reservas@aphoteles.com.

AP Hoteles is not responsible for possible security errors that may occur due to the use by the User of an outdated or insecure browser.

5. RESPONSIBILITY FOR THE INTRODUCTION OF PERSONAL DATA

Users acknowledge that AP Hoteles shall not be held liable for the inclusion of inaccurate, false, outdated or unrealistic personal data. Similarly, AP Hoteles shall not be responsible for the declaration of real data by persons not associated with them.

6. USE OF THE PORTAL AT THE USER’S OWN RISK

The User acknowledges and voluntarily accepts that the use of the Portal, Services and Content is carried out under their sole and exclusive responsibility.

7. DISCLAIMER OF WARRANTIES AND LIABILITY

7.1 Disclaimer of warranties and liability regarding the operation of the Portal and the Services

7.1.1 Availability, continuity, usefulness and reliability

AP Hoteles does not guarantee the availability or continuity of the operation of the Portal and the Services. Whenever reasonably possible, AP Hoteles will give prior notice of interruptions in the operation of the Portal and the Services.

AP Hoteles also does not guarantee the usefulness of the Portal and the Services for carrying out any particular activity, nor their infallibility and, in particular, although not exclusively, that Users will be able to effectively use the Portal and the Services, access the different web pages that make up the Portal or those from which the Services are provided.

AP Hoteles EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE LACK OF AVAILABILITY OR CONTINUITY OF THE OPERATION OF THE PORTAL AND THE SERVICES, TO THE FAILURE OF THE UTILITY THAT USERS MAY HAVE ATTRIBUTED TO THE PORTAL AND THE SERVICES, TO THE FAILURES OF THE PORTAL AND THE SERVICES AND, IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, TO FAILURES IN ACCESSING THE DIFFERENT WEB PAGES OF THE PORTAL OR THOSE FROM WHICH THE SERVICES ARE PROVIDED.

7.1.2 Privacy and security in the use of the Portal and the Services

AP Hoteles does not guarantee the privacy and security of the use of the Portal and the Services and, in particular, does not guarantee that unauthorized third parties cannot obtain knowledge of the type, conditions, characteristics and circumstances of the use that Users make of the Portal and the Services.

AP Hoteles EXCLUDES ALL LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE KNOWLEDGE THAT UNAUTHORIZED THIRD PARTIES MAY HAVE OF THE TYPE, CONDITIONS, CHARACTERISTICS AND CIRCUMSTANCES OF THE USE THAT USERS MAKE OF THE PORTAL AND THE SERVICES.

7.2 Disclaimer of warranties and liability regarding the Content

7.2.1 Quality 

AP Hoteles does not control or guarantee the absence of viruses or other elements in the Content that may cause alterations to Users’ computer systems (software and hardware) or to electronic documents and files stored in their systems.

AP Hoteles EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE PRESENCE OF VIRUSES OR OTHER ELEMENTS IN THE CONTENT THAT MAY CAUSE ALTERATIONS TO USERS’ COMPUTER SYSTEMS, ELECTRONIC DOCUMENTS OR FILES.

7.2.2 Legality, reliability and usefulness

AP Hoteles does not guarantee the legality, reliability or usefulness of the Content. AP Hoteles EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY BE DUE TO THE TRANSMISSION, DISSEMINATION, STORAGE, AVAILABILITY, RECEPTION, OBTAINING OR ACCESS TO THE CONTENT AND, IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES THAT MAY RESULT FROM:

• the breach of the law, morality, generally accepted good practices or public order as a result of the transmission, dissemination, storage or access to the Content;
• the infringement of intellectual or industrial property rights, trade secrets, contractual commitments of any kind, the rights to honour, personal and family privacy and personal image, property rights or any other rights belonging to a third party;
• acts of unfair competition or unlawful advertising;
• the lack of truthfulness, accuracy, completeness, relevance and/or timeliness of the Content;
• the inadequacy for any purpose or the frustration of expectations generated by the Content;
• the breach, delay in compliance, defective performance or termination for any reason of obligations contracted by third parties and contracts carried out with third parties through or as a result of access to the Content;
• defects and faults of any kind in the Content transmitted, disseminated, stored or made available through the Portal or the Services.

7.2.3 Truthfulness, accuracy, completeness and timeliness

AP Hoteles does not guarantee the truthfulness, accuracy, completeness or timeliness of the Content. AP Hoteles EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE LACK OF TRUTHFULNESS, ACCURACY, COMPLETENESS AND/OR TIMELINESS OF THE CONTENT.

7.3 Exclusion of warranties and liability for services provided by third parties through the Portal 

7.3.1 Quality 

AP Hoteles does not control or guarantee the absence of viruses or other harmful elements in services provided by third parties through the Portal that could cause alterations to users’ computer systems (software or hardware) or electronic documents and files stored in their systems. AP Hoteles EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL.

7.3.2 Legality, reliability, and usefulness 

AP Hoteles does not guarantee the legality, reliability, or usefulness of services provided by third parties through the Portal. AP Hoteles EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM SERVICES PROVIDED BY THIRD PARTIES THROUGH THE PORTAL, AND IN PARTICULAR, ALTHOUGH NOT EXCLUSIVELY, FOR DAMAGES ARISING FROM:

• Breach of law, morality, generally accepted good practices, or public order as a consequence of services provided by third parties through the Portal.
• Infringement of intellectual or industrial property rights, trade secrets, contractual obligations of any kind, rights to honor, personal or family privacy, image rights, property rights, or any other rights of third parties resulting from services provided by third parties through the Portal.
• Acts of unfair competition or unlawful advertising as a result of third-party services.
• Lack of truthfulness, accuracy, completeness, relevance, or timeliness of content transmitted, made available, received, or accessible through services provided by third parties.
• Inadequacy for any purpose or frustration of expectations generated by third-party services.
• Non-compliance, delay in compliance, defective performance, or termination for any reason of obligations assumed by third parties or contracts executed with third parties in connection with the provision of services through the Portal.
• Defects or faults of any kind in the services provided by third parties through the Portal.

7.4 Exclusion of warranties and liability for information, content, and services hosted outside the Portal

The Portal provides Users with technical linking devices (such as links, banners, buttons), directories, and search tools that allow Users to access websites owned or managed by third parties (hereinafter, “Linked Sites”). The purpose of these links, directories, and search tools is solely to facilitate Users’ search for and access to information, content, and services available on the Internet. AP Hoteles does not offer, sell, control, approve, or endorse such information, content, or services in advance, nor makes them its own.

Users must exercise caution when evaluating and using information, content, and services on Linked Sites.

AP Hoteles DOES NOT GUARANTEE NOR ASSUME ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM:

• The operation, availability, accessibility, or continuity of Linked Sites.
• Maintenance of information, content, and services on Linked Sites.
• Provision or transmission of information, content, and services on Linked Sites.
• Quality, legality, reliability, and usefulness of information, content, and services on Linked Sites.

7.5 Exclusion of warranties and liability for the use of the Portal, Services, and Content by Users

AP Hoteles has no obligation to monitor, and does not monitor, the use that Users make of the Portal, Services, and Content. In particular, AP Hoteles does not guarantee that Users will use the Portal, Services, and Content in accordance with these General Conditions or, where applicable, any Particular Conditions, nor that they will do so diligently and prudently.

AP Hoteles also has no obligation to verify, and does not verify, the identity of Users, nor the truthfulness, validity, completeness, or authenticity of the data Users provide about themselves to other Users.

AP Hoteles EXCLUDES ANY LIABILITY FOR DAMAGES OF ANY KIND THAT MAY RESULT FROM:

• The use of Services and Content by Users.
• Lack of truthfulness, validity, completeness, or authenticity of information provided by Users to other Users about themselves.
• Impersonation of a third party by a User in any communication made through the Portal.

8. NO LICENSE

AP Hoteles does not grant any license or authorization to use its intellectual or industrial property rights or any other rights related to the Portal, Services or Content.

9. DENIAL AND WITHDRAWAL OF ACCESS

AP Hoteles reserves the right to deny or withdraw access to the Portal and/or Services at any time and without prior notice to Users who fail to comply with these General Conditions.

10. PROCEDURE IN CASE OF ILLEGAL ACTIVITIES

If any User or third party considers that there are facts indicating unlawful use of Content or activities within the Portal, they must notify AP Hoteles providing:

• Personal details of the claimant
• Description of the alleged unlawful activity
• Location of the content
• Evidence of the alleged infringement

Notifications should be sent to: Av. Aragón 345, 28042 Madrid – Spain, Tel: +34 918 272 527, email: reservas@aphoteles.com

11. DURATION AND TERMINATION

The Portal service is provided for an indefinite period. However, AP Hoteles reserves the right to terminate or suspend the Portal and/or Services at any time. Whenever reasonably possible, AP Hoteles will notify Users in advance.

12. APPLICABLE LAW AND JURISDICTION 

These General Conditions are governed by Spanish law. Any disputes arising from the use of the Portal shall be subject to the jurisdiction of the Courts and Tribunals of Madrid (Spain).