LEGAL NOTICE
1. Legal information and acceptance
In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the company's identification data is set out below. This Internet portal is made available to users by the entity, whose identification data are:
Company name: | Fifth Sense Hotels & Resorts, SLU |
CIF: | B93611309 |
Registered Office: | C/ Puerta del Mar, 20-2 29005 Malaga (Malaga) |
Phone: | 971 26 04 64 |
E-mail: | reception@portofinomallorca.com |
Registration data: | Commercial Registry of Malaga, Volume 5730, Book 4637, Folio 53, Section 8, Sheet MA145095, Entry 1 (05/08/18) |
This legal notice sets out the general conditions that govern access to and use of this website, hereinafter "the website". Use of the website implies express and full acceptance of these general conditions in the version published at the time the user accesses it, without prejudice to the specific conditions that may apply to some of the specific services on the website.
Access to the website is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted by users. Certain services are exclusive to our clients and access to them is restricted.
The use of the Portal confers the status of Portal user (hereinafter, the 'User') and implies acceptance of all the conditions included in this Legal Notice. The provision of the Portal service has a limited duration at the time when the User is connected to the Portal or to any of the services provided through it. Therefore, the User must carefully read this Legal Notice each time he or she intends to use the Portal, since it and its conditions of use included in this Legal Notice may be subject to modifications.
Some Portal services accessible to Internet users or exclusive to Quinto Sentido Hoteles & Resorts , SLU customers may be subject to specific conditions, regulations and instructions that, where applicable, replace, complete and/or modify this Legal Notice and 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 intellectual property legislation.
Quinto Sentido Hoteles & Resorts, SLU is the owner or licensee of all intellectual and industrial property rights of its website, as well as of the elements contained therein. Therefore, the reproduction, distribution, public communication and transformation of all or part of the contents of this website, for commercial purposes, on any medium and by any technical means, without the authorization of Quinto Sentido Hoteles & Resorts, SLU in its Terms and Conditions, is expressly prohibited.
The brands, trade names or distinctive signs are the property of Quinto Sentido Hoteles & Resorts , SLU, whether by industrial or intellectual property, and it cannot be understood that access to the Portal confers any right over the aforementioned brands, trade names and/or distinctive signs.
All products and services on these pages that are NOT the property of Quinto Sentido Hoteles & Resorts , SLU are registered trademarks of their respective owners and are recognized as such by our company. They only appear on the Quinto Sentido Hoteles & Resorts , SLU website for promotional and information gathering purposes. These owners may request the modification or deletion of the information that belongs to them.
3. Conditions of use of the portal
3.1 General
The User undertakes to make correct use of the Portal in accordance with the Law and this Legal Notice. The User shall be liable to Quinto Sentido Hoteles & Resorts , SLU or to third parties for any damages that may be caused as a result of failure to comply with this obligation.
The use of the Portal for purposes that are harmful to the property or interests of Quinto Sentido Hoteles & Resorts , SLU or third parties or that in any other way overload, damage or render useless the networks, servers and other computer equipment (hardware) or computer products and applications (software) of Quinto Sentido Hoteles & Resorts , SLU or third parties is expressly prohibited.
3.2 Contents
The User undertakes to use the Contents in accordance with the Law and this Legal Notice, as well as with the other conditions, regulations and instructions that may be applicable in accordance with the provisions of clause 1.
By way of example only, the User, in accordance with current legislation, must refrain from:
• Reproduce, copy, distribute, make available, publicly communicate, transform or modify the Contents except in cases authorized by law or expressly consented to by Quinto Sentido Hoteles & Resorts, SLU or by whoever holds the ownership of the exploitation rights, as the case may be.
• 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.
• Extract and/or reuse all or a substantial part of the Contents of the Portal as well as the databases that Quinto Sentido Hoteles & Resorts, SLU makes available to Users.
3.3 Introduction of links to the Portal
Any Internet user wishing to introduce links from their own web pages to the Portal must comply with the conditions detailed below, and ignorance of these conditions shall not prevent liability arising from the Law:
• The link will only link to the home page or main page of the Portal but may not reproduce it in any way (online links, copy of texts, graphics, etc.).
• In accordance with applicable legislation in force at any time, it is prohibited to establish frames of any kind that surround 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 content outside the Portal in such a way that: (I) it produces, or may produce, error, confusion or deception in users about the true origin of the service or Contents; (II) it constitutes an act of unfair comparison or imitation; (III) it serves to take advantage of the reputation of the brand and prestige of Quinto Sentido Hoteles & Resorts, SLU or (IV) it is otherwise prohibited by current legislation.
• No false, inaccurate or incorrect statements will be made from the page that introduces the link about Quinto Sentido Hoteles & Resorts, SLU , its partners, employees, clients or about the quality of the services it provides.
• Under no circumstances will it be stated on the page where the link is located that Quinto Sentido Hoteles & Resorts, SLU has given its consent for 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 brand or any other distinctive sign of Quinto Sentido Hoteles & Resorts, SLU within the sender's page is prohibited except in cases permitted by law or expressly authorized by Quinto Sentido Hoteles & Resorts, SLU and provided that, in these cases, a direct link to the Portal 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 have or link to its own or third-party content that: (I) is illegal, harmful or contrary to morality and good customs (pornographic, violent, racist, etc.); (II) induces or may induce in the User the false conception that Quinto Sentido Hoteles & Resorts, SLU subscribes to, supports, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful, of the sender; (III) is inappropriate or not pertinent to the activity of Quinto Sentido Hoteles & Resorts, SLU in light of the location, content and subject matter of the sender's website.
4. Exclusion of liability
4.1 About the Information
Quinto Sentido Hoteles & Resorts, SLU is not responsible for decisions made based on the information provided on the Portal or for any damages caused to the User or third parties due to actions based solely on the information obtained on the Portal.
4.2 On the quality of service
Access to the Portal does not imply any obligation on the part of Quinto Sentido Hoteles & Resorts , SLU to control the absence of viruses, worms or any other harmful computer element.
In any case, it is the User's responsibility to have adequate tools available for the detection and disinfection of harmful computer programs.
Quinto Sentido Hoteles & Resorts, SLU is not responsible for any damage caused to the computer equipment of Users or third parties during the provision of the Portal service.
4.3 On the availability of the Service
Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation are not the responsibility of Quinto Sentido Hoteles & Resorts, SLU. Consequently, the services provided through the Portal may be suspended, cancelled or become inaccessible, prior to or simultaneously with the provision of the Portal service.
Quinto Sentido Hoteles & Resorts, SLU is not responsible for any damage or loss of any kind suffered by the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the Portal service during or prior to the provision of the service.
4.4 Of the contents and services linked through the Portal
The Portal access service includes technical linking devices, directories and even search tools that allow the User to access other Internet pages and portals (hereinafter, 'Linked Sites'). In these cases, Quinto Sentido Hoteles & Resorts, SLU acts as a provider of intermediation services in accordance with article 17 of Law 34/2002, of July 12, on Information Society Services and Electronic Commerce (LSSI) and 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 or she may notify Quinto Sentido Hoteles & Resorts, SLU in accordance with the procedure and effects established in clause 6, without this communication in any case entailing the obligation to remove 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 same, nor the recommendation, promotion or identification of Quinto Sentido Hoteles & Resorts, SLU with the statements, contents or services provided.
Quinto Sentido Hoteles & Resorts, SLU is not aware of the content and services of the Linked Sites and therefore is not responsible for any damage caused by the illegality, quality, outdatedness, unavailability, error and uselessness of the content and/or services of the Linked Sites or for any other damage that is not directly attributable to Quinto Sentido Hoteles & Resorts, SLU.
5. Data protection.
You can consult our
Privacy Policy to learn about how we use 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 illegal, harmful, degrading, violent or contrary to morality, they may contact Quinto Sentido Hoteles & Resorts, SLU indicating the following:
1. Personal data of the person reporting: name, address, telephone number and email address.
2. Description of the facts that reveal the illicit or inappropriate nature of the Linked Site.
3. In the event of violation of rights, such as intellectual and industrial property, the personal data of the holder of the infringed right when it is a person other than the informant.
4. The title that proves the legitimacy of the rights holder must also be provided, as well as, where applicable, the representation to act on behalf of the holder when the person is a different person from the person making the communication.
5. Express declaration that the information contained in the claim is accurate.
The receipt by Quinto Sentido Hoteles & Resorts, SLU of the communication provided for in this clause shall not imply, pursuant to the provisions of the LSSI, effective knowledge of the activities and/or content indicated by the communicator.
The title that proves the legitimacy of the rights holder must also be provided, as well as, where applicable, the representation to act on behalf of the holder when the person is a different person from the person making the communication.
7. Notifications
All notifications and communications made by the parties shall be valid in accordance with the means admitted by law. Those relating to this Portal shall be considered effective, for all purposes, if they are made through the Portal itself.
8. Modifications
Quinto Sentido Hoteles & Resorts, SLU reserves the right to make any changes it deems appropriate to its website without prior notice, and may change, delete or add content and services provided through it, as well as the way in which they are presented.
Furthermore, these terms and conditions may be changed at any time. Modifications will come into effect from the moment of their publication.
9. Social Networks
Quinto Sentido Hoteles & Resorts, SLU is present on various social networks and platforms, therefore, when accessing any of these or other networks, it must be taken into account that the applicable conditions of use are those established by each platform, in which Quinto Sentido Hoteles & Resorts, SLU does not intervene.
10. 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 Palma de Mallorca are designated as the jurisdiction to resolve possible disputes, the user expressly waiving any other jurisdiction that may apply.