TERMS OF USE AND RESERVATION CONDITIONS
1. INTRODUCTION
By using or visiting the website hosted at http://sineramahotel.com/ ("Site") or any of the information, data files, written text, graphics, links, audio files, or other sounds, photographs, videos, or other images (collectively, "Content"), resources, and services, including a newsletter (collectively, including Content, "Services") made available through it, you, as a user or visitor of the same ("User"), are agreeing to and accepting these Terms of Use ("Terms of Use") and the privacy and personal data protection policy available in the Privacy Policy.
The Site is owned by the company SINERAMA - ORGANIZAÇÕES TURÍSTICAS E HOTELEIRAS, S.A, headquartered at Campo Grande, No 28, 11o Andar 1700-093 Lisboa, under the VAT number 501 452 508. Through the Site, the company provides the User with access to the Services. The Services, including updates, developments, new tools, and/or new Web properties, are subject to these Terms of Use.
Accommodation reservations can be made through the Site, although the counterpart in contracts made through the Site for the provision of tourist services is another entity of the same company, duly licensed and identified in the General Booking Conditions, with the company merely providing the platform that allows the User to contract the services, and therefore assuming no responsibility for problems arising from the execution of these contracts.
2. USER'S GENERAL OBLIGATIONS AND RESPONSIBILITIES
The company reserves the right to change these Terms of Use at any time, merely posting the changes online on the Site, and it is the User's sole responsibility to check and comply with them each time they are used. The use of the Site after the publication of changes constitutes acceptance of the updated wording of the Terms of Use. If you do not agree with the changes made or, in general, with the Terms of Use, you must immediately cease using the Site and the Services.
By accessing, using, and downloading materials from the Site, the User agrees, on their behalf and/or on behalf of the entity they are acting on behalf of, to punctually comply with the provisions of these Terms of Use, ensuring that they have the authority to act on behalf of the third party they represent, if applicable.
Access to the Services by any means other than through the interface provided by the company is expressly prohibited, as is access (or attempted access) to the Site and/or Services through automated means (including the use of scripts or web crawlers).
Use of the Site for purposes other than those for which it is intended, including illegal purposes or any that may be considered detrimental to the company's image in the market, is expressly prohibited. Appropriation, counterfeiting, use of usurped or counterfeit content, illegitimate identification, and unfair competition are punishable by law. The User is also prohibited from creating or introducing any type of virus or programs on this Site that may damage or contaminate it or advising third parties to do so.
User Account
In order to access certain Services and restricted areas of the Site, you may be asked to provide some personal data (such as identification and contact information) as part of the registration process for creating a User account on the Site ("User Account"). You must provide a valid email address that you have the legitimate right to access, as well as any other information necessary to complete the registration process. The information provided must be up-to-date, complete, and accurate.
The User is responsible for maintaining the confidentiality of their password. If you detect any unlawful use of your User Account, you must notify the company immediately. However, you may be held liable by the company or a third party for the unlawful use of your User Account or password.
The User Account may only be used by third parties with the consent of the respective holder. The User is solely responsible for any damages or lost profits caused by their unlawful conduct when using the Site and the Services and for the Content they provide on the Site.
If the company deactivates or otherwise removes access to your User Account, you understand and accept that you may be prevented from accessing certain restricted areas of the Site, your User Account details, or any content contained therein.
3. RIGHTS
The rights of access, rectification, cancellation, and opposition can be exercised in writing, accompanied by a copy of your Citizen Card, addressed to the archive corresponding to the address indicated below:
- Paraty Hoteles SL | Avenida Manuel Fraga Iribarne, 15 Portal 4, 1st Floor - 29620 Torremolinos - Málaga, Spain
- SINERAMA - ORGANIZAÇÕES TURÍSTICAS E HOTELEIRAS, S.A | Campo Grande, No 28, 11o Andar 1700-093 Lisboa | 501 452 508
4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS
Ownership
All information contained on the Site and in the Services, and all data and information compiled by the company associated with it (such as data files, written text, Software, music, audio files or other sounds, photographs, videos, or other images) to which you have access as part of the Services or through their use, are considered content of the company, an entity of the company, or a third party, when duly identified. The User is not allowed to modify, lease, lend, loan, sell, distribute, or create a derivative work based on said content (in whole or in part), unless expressly authorized in writing for this purpose by the company or by a third party that owns the respective intellectual property and personality rights.
The User acknowledges and agrees that the company and the applicable entities of the company (as applicable) retain all intellectual property rights (whether or not these rights are registered and in any part of the world where these rights may exist) related to the Services. The company and the applicable entities of the company (as applicable) retain all rights not expressly granted to the User in these Terms of Use.
The User also agrees not to remove, hide, or alter any intellectual property notices (including copyright and trademark notices) that may be posted or contained in the Services.
Trademarks and Similar
Unless expressly authorized by the company to do so, nothing in the Terms of Use grants the User the right to use any registered trademarks, trademarks, service marks, logos, domain names, and other distinctive brand features of the company or any other company entity.
Software
The company grants the User a personal, worldwide, non-exclusive, non-transferable, and free license to use the reservation interface existing on the Site as part of the Services provided ("Software"). This license is solely for the purpose of enabling the use and enjoyment of the reservation service as it is made available on the Site, as permitted by these Terms of Use.
The User is not allowed (nor can they allow third parties) to copy, modify, create a derivative work, reverse engineer, decompile, or otherwise attempt to extract the source code of the Software or any part thereof unless expressly permitted or required by applicable law or specifically authorized in writing by the company. Unless the company has granted the User specific written authorization to do so, the User may not assign (or grant a sublicense of) their rights to use the Software, provide a warranty regarding their rights to use the Software, or alternatively, transfer any part of their rights to use the Software.
5. PRIVACY POLICY
The Privacy Policy is available at http://sineramahotel.com/ . This policy explains the procedures adopted by the company and third-party entities that provide services through the Site regarding the processing of personal data of their Users and the protection of their privacy when using the Site and the Services. You agree that the company may collect and process your personal data in accordance with the Privacy Policy.
6. GENERAL PROVISIONS
Prevalence
In case of conflict between the Terms of Use and other specific provisions or terms and conditions specific to the Site relating to certain materials, these shall prevail.
Exercise of Rights
The non-exercise or non-immediate application of rights or provisions by the company provided in these Terms of Use shall not be interpreted as a waiver of them.
Completeness
The Terms of Use constitute the entire agreement between the User and the company regarding the use and consultation of the Site and the Services, and regulate the use thereof (excluding any Services that may be provided by the company under a separate written contract), fully replacing any previous agreements established between the User and the company regarding the Site and the Services.
Reduction
The invalidity, declared by a final court or arbitral judgment, of any provision of the Terms of Use shall not determine the invalidity of the others, with the Company reserving the right, if necessary, to modify the Terms of Use accordingly to remedy the invalidity.
Notifications/Communications/Complaints
Any notifications and communications from the company to the User under these Terms of Use should preferably be sent to the email address or mailing address provided by the User in their User Account, without prejudice to the Company being able to use other elements and forms of contact.
Any notifications, communications, and complaints from the User should preferably be sent to the email address rec.sinerama@ap-hotelsresorts.com .
7. APPLICABLE LAW AND JURISDICTION
The Terms of Use, as well as the User's relationship with the company in accordance with them, are governed by the applicable laws of the Republic of Portugal. The User and the company agree to submit to the exclusive jurisdiction of the judicial courts of the district of Lisbon to resolve any legal issues arising from the Terms of Use, without prejudice to the application of mandatory legal provisions. Notwithstanding the foregoing, the company may apply precautionary measures (or equivalent urgent legal compensation) in any jurisdiction. In the event of any judicial conflict affecting Paraty Hotels, it will be resolved in the Courts of Malaga, Spain.