These General Conditions of Use and Contracting (hereinafter, “the General Conditions”) govern the access and use that the user (hereinafter, “the User”) makes the website www.pensiocerdanya.com hereinafter, “The Website”), as well as the contracting of products and services through it. By accepting these General Conditions, the User declares:
1. That you have read, understand and understand what is stated here;
2. That she is a person with sufficient capacity to contract;
3. That it assumes all the obligations set forth herein.
The use of the Website attributes the condition of User of the Website and implies the acceptance of all the terms included in these General Conditions. The User must carefully read these General Conditions each time they access the Website, since it and said General Conditions may be modified.
The owner of the Website reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of how many elements make up the design and configuration of the Website.
1. General information of the Website
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce, the general information on the Website is provided below:
Owner: Salvador Mengual Brichs (hereinafter “Pensió Cerdanya”).
Registered office: Cr. Girona 35, 1º 2ª – 08010 Barcelona
N.I.F .: 38139518k
Telephone: (+34) 658 89 07 12
2. Need for Registration
In general, for simple access to the contents of the Website, User registration will not be necessary, although the use of certain services may be subject to prior registration. In these cases, we will inform you in advance of this and of the applicable legal conditions regarding privacy.
The data entered by the User must be exact, current and truthful at all times. In case the registered User is assigned a password, he will be responsible at all times for its custody, assuming consequently any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered User shall be deemed to have been made by said registered User, who will respond in any case to such access and use.
3. Website use rules
The User agrees to use the Website and all its content and services in accordance with the provisions of law, morality, public order and these General Conditions. Likewise, it is obliged to make appropriate use of the services and / or contents of the Website and not to use them to carry out illicit activities or activities that constitute a crime, that violate the rights of third parties and / or that infringe the regulations on intellectual and industrial property, or any other rules of the applicable legal order.
By way of example, and in no case limiting or excluding, the User agrees to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in support of terrorism or that violate human rights.
II.- Do not introduce or spread on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its providers or third-party Internet users.
III.- Do not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.
IV.- Do not spread, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
V.- Do not transmit unsolicited or unauthorized advertising, advertising material, “junk mail”, “chain letters”, “pyramid structures”, or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for it.
VI.- Do not introduce or disseminate any information and false, ambiguous or inaccurate content in a way that misleads the recipients of the information.
VII.- Do not impersonate other Users using their registration keys to the different services and / or contents of the Website.
VIII.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or third parties.
IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on protection of personal data.
The User agrees to hold Pensió Cerdanya harmless against any possible claim, fine, penalty or sanction that it may be required to bear as a result of the User’s failure to comply with any of the aforementioned rules of use, and Pensió Cerdanya also reserves the right to request the corresponding compensation for damages.
Pensió Cerdanya reserves the right to prohibit any User who violates the rules and obligations established in these General Conditions, the use of the services offered through the Website.
4. Exclusion of Liability
Pensió Cerdanya assumes no responsibility for updating this Website to keep the information updated, nor does it guarantee that the information published is accurate or complete. Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any service or content described on this Website.
User access to the Website does not imply for Pensió Cerdanya the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.
Pensió Cerdanya is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered on the Website, nor for damages or losses of any kind produced in the User that are caused by failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Website service during the provision of the same or previously.
5. Contents and services linked through the Website
The access service to the Website includes technical linking devices, directories and even search instruments that allow the User to access other pages and Internet Portals (hereinafter, “Linked Sites”). In these cases, Pensió Cerdanya will only be responsible for the content and services provided on 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 illegal or inappropriate content, he may communicate it to Pensió Cerdanya, without in any case this communication entailing the obligation to remove the corresponding link.
In no case should the existence of Linked Sites presuppose the formalization of agreements with those responsible or their owners, nor the recommendation, promotion or identification of Pensió Cerdanya with the statements, content or services provided.
Pensió Cerdanya does not know the contents and services of the Linked Sites and, therefore, is not responsible for damages caused by the illegality, quality, outdated, 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 Pensió Cerdanya.
In the cases in which the User can access or be redirected to Linked Sites that allow the contracting of services and / or products, the User knows and accepts that Pensió Cerdanya acts as a mere intermediary facilitating such access, so it will not be responsible, nor indirectly or subsidiarily, of the damages of any nature derived from the free use and / or contracting of said services and products of third parties, as well as the lack of legality, reliability, utility, veracity, accuracy, exhaustiveness and timeliness of the themselves. By way of example, and in no way limiting, Pensió Cerdanya will not be liable for damages of any nature derived from defective compliance or non-compliance with contractual commitments acquired by third parties; carrying out acts of unfair competition and illegal advertising; the inadequacy and disappointment of the expectations of said services and third-party products and of the vices and defects of all kinds that may occur in them.
6. Intellectual and industrial property
All the contents of the Website, understanding by them, by way of example only, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are the property intellectual property of Pensió Cerdanya or third parties, without any of the exploitation rights recognized by current regulations on intellectual property on them being understood to be assigned to the User. Reserving for it, Cerdanya thought, all the exploitation rights over them.
The trademarks, trade names or distinctive signs are the property of Pensió Cerdanya or third parties, without it being understood that access to the Website attributes any right over them.
7. Contracting services through the Website
The procedure that the User must follow to contract services through the Website is as follows:
1º- Select the characteristics of the reservation for the stay in the guest house and continue with the reservation.
2º- The page can show different offers at the User’s choice. The page shows prices expressed in the euro currency. Select the service according to the availability offered.
3º- Visualization of all the data of the order indicating the price with VAT. The User must fill in their personal data and indicate their payment details by bank card. Next, the User must accept the General Conditions of Use and Contracting and click on the “Confirm” button.
4º- The User will receive confirmation of their order by displaying a message on the screen and receiving an email in the account provided during the purchase process.
Unless expressly stated otherwise, the prices presented on the Website include the corresponding VAT. The applicable VAT rate will be the one legally established at all times.
7.3. Exclusion of the right of withdrawal
In accordance with the provisions of article 103 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of consumers and Users, the right of withdrawal will not be applicable to contracts that are refer to the provision of accommodation services for purposes other than serving as a dwelling, transportation of goods, rental of vehicles, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
8. Nullity and ineffectiveness of the clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the present General Conditions in everything else and considering such provision in whole or in part as not included.
9. Applicable law and competent jurisdiction
These General Conditions will be governed and interpreted in accordance with the laws of Spain. Pensió Cerdanya and the User agree to submit any controversy that may arise due to the access, use and / or contracting of services through the Website, to the courts and tribunals of Barcelona, Spain, unless the law establishes otherwise.