Terms of Use

LEGAL NOTICE

1. Identifying Information

In compliance with Article 10 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, we provide below the necessary details of the website owner (hereinafter, the “Website”) as service provider:

– Name or company name: POINT-FAIR-COST, S.L.
– Tax identification number: B-67239137.
– Address: C/ Dels Enamorats, 79, Floor 4, Door 2 – 08013, Barcelona (SPAIN).
– Owner’s email address: info@hotelmastrader.com
– Owner’s contact telephone: 671 741 443
– Commercial Register details: Volume: 46462 Folio: 198 Sheet: 520807 Entry: 1 Date of registration: 20 June 2018

2. General Terms of Use

These general terms of use and navigation (hereinafter, the “Terms”) aim to regulate the relationship between the website owner, as service provider, and users who access, browse and use the service offered (hereinafter, referred to individually as the “User” or collectively as the “Users”).

The Website provides Users with general information about the website owner, its services and activities (hereinafter, the “Content”), all in accordance with these Terms. As this is a professional website, its content is not intended for Users who are minors.

If the user continues to browse and use the services we offer through our Website, they accept without reservation these Terms of Use.

The website owner reserves the right to modify these Terms at any time and at their sole discretion; we therefore advise Users to review them frequently.

3. Access and Registration on the Website

Access to most of the Website’s content is completely free and does not require prior registration, without prejudice to the fact that certain sections or particular services may require prior registration and, where applicable, may involve the payment of fees, of which the user will be informed in advance and must accept the corresponding contracting conditions.

Users must be eighteen (18) years of age or older. Access to the Website by minors is prohibited. However, in the event of access to the Website by a minor, it will be presumed that such access was made with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice to the Provider reserving the right to carry out any verifications it deems appropriate.

Under no circumstances will the Provider be responsible for the accuracy of the registration data provided by users; each user will therefore be solely responsible for any possible consequences, errors and failures that may arise from the poor quality of the data.

4. Intellectual and Industrial Property

i. Legal Protection of Content

The website owner also holds the exploitation rights of intellectual and industrial property of the Website, including all its Content and elements (by way of example, texts, images, audio and videos) available from the Website, as well as those hosted on third-party sites either because they are owned by the website owner or because the appropriate rights for their use have been obtained. Likewise, the owner has obtained the appropriate authorisations regarding image rights of those appearing on their Website.

Total or partial reproduction, copying or distribution of the Content without express authorisation from the owner is prohibited. In no case shall the User’s access and browsing be interpreted as a waiver, transmission, licence or total or partial assignment of such rights by the website owner. It is also prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, transmit, use, process or distribute in any way all or part of the Content and elements of the Website for public or commercial purposes, without the express written authorisation of its owner.

Therefore, in accordance with the preceding paragraph, the User may, in addition to viewing the Content and elements of the Website, make prints, copies or downloads thereof, provided that such actions are directed exclusively to their personal and private use.

The use of the Owner’s contact details (postal address, telephone number, email address) for sending any type of commercial communication is also prohibited, unless prior authorisation has been obtained in accordance with applicable regulations.

ii. Associated Trademarks and Logos

The trademarks incorporated in the Website belong to their owner or to third parties, with the authorisation of the latter for their use on the Website.

Those browsing the Website are prohibited from using such trademarks, logos and distinctive signs without the authorisation of the owner or a licence to use them.

5. Liabilities

i. Suspension of the Website

The operation of the Website relies on servers of service provider companies, connected through public and private communications infrastructures.

The website owner will do everything possible to ensure the proper functioning of the Website; however, they cannot guarantee the absence of interruptions for technical reasons in order to carry out repair and/or maintenance tasks, or due to lack of coverage or failures in the equipment and/or networks necessary for data transmission, which are beyond their control.

Thus, access to the Website may be suspended due to force majeure (unforeseeable causes or those which, though foreseen or foreseeable, are unavoidable) such as those listed below on an enumerative but not limiting basis:

• Failures in the electrical or telephone supply.
• Virus attacks on the servers supporting the Website.
• User errors in accessing the Website.
• Fires, floods, earthquakes or other natural events.
• Strikes or labour disputes.
• Armed conflicts or other force majeure situations.

The Website Owner is exempt from any liability if any of the circumstances indicated in this provision were to materialise.

ii. User Liability

The User will use the Website at their own risk. By accessing it, they undertake to use it in accordance with applicable legislation and ethical codes, as well as the conditions contained in these Terms of Use.

Failure to comply with any of the rules included in these Terms or the legislation on which they are based will give rise to the User’s liability towards the website owner and/or third parties, for any damage or harm that may be caused as a result of such non-compliance, regardless of whether this implies an unlawful act, an administrative sanction, a misdemeanour or a crime, and will entitle the website owner to demand their liability in the civil, administrative, labour or criminal sphere as appropriate.

iii. Owner’s Liability

The website owner shall not be liable for any damage caused to the User or third parties as a result of a breach attributable to the User, nor for the alteration of the User’s equipment.

Likewise, they assume no liability for illegitimate intrusions through the use of computer viruses or any other origin, the improper use of the Website by the User, or security errors caused by the improper functioning of the terminal equipment used by the User.

6. User Obligations

The User is fully responsible for accessing and correctly using the website, and especially their profile. This use must comply with current legislation, as well as the principles of good faith, morality, good customs and public order.

The User may not at any time modify, alter or delete any data, information, content or element included on the Website.

The User must use the services made available to them in a diligent, correct and lawful manner. They may not under any circumstances disseminate content or propaganda of a racist, pornographic, xenophobic nature or that generally glorifies criminal, violent or degrading acts against persons and fundamental rights.

The User may not include software, viruses, malware or any other harmful agent for computer systems that could damage or alter the company’s or other Users’ devices or terminals.

The User may not use the Website to insult, defame, intimidate, violate the right to one’s own image or harass other Users, and shall in all cases refrain from using the email accounts of other Users.

The User will be solely responsible for any damages that may arise from non-compliance with the conditions and obligations set out in these Terms.

The User is prohibited from transmitting, including or disseminating advertising for themselves or for third parties through any means available on our Website, unless they have obtained the express authorisation of its owner.

7. Hyperlinks

References made on the Website to other third-party websites are for informational purposes only. The website owner does not develop or administer such pages nor is the owner of the Internet addresses cited, unless expressly stated otherwise. Therefore, they will not be responsible for the content they incorporate, nor for any damage or harm arising from such access, nor for those generated by the services they provide.

The website owner authorises the establishment of links and hyperlinks from other websites or applications. However, anyone wishing to establish a link between their website and the Website shall do so respecting the following conditions:

• The website in which the link is established shall not contain illegal information or content contrary to morality, good customs, public order or any third-party rights.
• It shall not be declared or implied that the website owner has expressly authorised the link or has previously supervised, assumed or recommended in any way the services offered or made available on the website or app establishing the link with the Website. Those browsing the Website are therefore advised to exercise the utmost caution in evaluating and using the information, content and services on linked sites.
• The establishment of the link does not in any case imply the existence of a relationship between the website owner and the owner of the website or app in which said link is incorporated.

8. Protection of Personal Data

The website owner undertakes to process the User’s personal data in accordance with current legislation on the matter. In particular, they undertake to apply the provisions of L.O. 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights, and the General Data Protection Regulation 679/2016 of 27 April 2016.

Full information on this matter can be found in our Privacy Policy.

9. Applicable Legislation

The relationships established between the User and the website owner shall be governed by the provisions of current legislation regarding applicable regulations and competent jurisdiction, with the rules of the Spanish Legal System being applicable.

For cases where voluntary submission to a particular jurisdiction is possible, the website owner and the User, with express waiver of any other jurisdiction, shall submit to the Courts and Tribunals of the province of Barcelona, unless the legislation provides otherwise.