Legal Notice

INFORMATION SOCIETY SERVICES ACT (LSSI)

EXPLOTACIONES HOSTELERAS LOZANO SL, responsible for the website, hereinafter RESPONSABLE, makes this document available to users, which is intended to comply with the obligations set out in Law 34/2002 of 11 July on Information Society Services and Electronic Commerce (LSSICE), as well as inform all users of the website regarding which are the conditions of use.

Any person accessing this website assumes the role of user, committing to the observance and strict compliance with the provisions set forth herein, as well as any other legal provision that may be applicable.

EXPLOTACIONES HOSTELERAS LOZANO SL reserves the right to modify any type of information that may appear on the website, without there being any obligation to give prior notice or inform users of these obligations, understood as sufficient with the publication on the website of EXPLOTACIONES HOSTELERAS LOZANO SL.

1. IDENTIFICATION DATA

Company name: EXPLOTACIONES HOSTELERAS LOZANO SL
Trade name: Restaurante El Puerto
Domain name: elpuerto.rest
CIF: B54015391
Registered office: C/Aitana nº 20 – Urbanización Los Balcones – 03186 Torrevieja
Telephone: (+34) 966 927 202
e-mail: info@elpuerto.rest

2. OBJECT

Through the Web Site, we offer Users the possibility of accessing information about our services.

3. PRIVACY AND DATA PROCESSING

When for access to certain contents or services it is necessary to provide personal data, Users will guarantee their veracity, accuracy, authenticity and validity. The company will give such data the corresponding automated treatment according to its nature or purpose, in the terms indicated in the Privacy Policy section.

 
4. INDUSTRIAL AND INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents shown on the Web Site and in particular, designs, texts, images, logos, icons, buttons, software, trade names, trademarks, or any other signs susceptible of industrial and/or commercial use are subject to Intellectual Property rights and all trademarks, trade names or distinctive signs, all industrial and intellectual property rights on the contents and/or any other elements inserted in the page, which are the exclusive property of the company and/or third parties, who have the exclusive right to use them in the course of trade. Therefore, the User undertakes not to reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify such content keeping the company harmless from any claim arising from the breach of such obligations. In no case does access to the Web Space imply any type of waiver, transmission, licence or total or partial cession of said rights, unless the contrary is expressly established. The present General Conditions of Use of the Web Space do not confer on the Users any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Web Space and/or its Contents different from those expressly provided for herein. Any other use or exploitation of any rights will be subject to prior express authorization specifically granted for this purpose by the company or third party holder of the rights affected.

The contents, texts, photographs, designs, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this Space, as well as the Space itself as a whole, as a multimedia artistic work, are protected as copyrights by intellectual property legislation. The company owns the elements that make up the graphic design of the Web Space, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Web Space or, in any case has the corresponding authorization for the use of such elements. The content provided in the Web Site may not be reproduced in whole or in part, or transmitted, or recorded by any information retrieval system, in any form or in any medium, unless with the prior written permission of the Entity.

It is also forbidden to delete, evade and/or manipulate the copyright as well as the technical protection devices, or any information mechanisms that may contain the contents. The User of this Web Site undertakes to respect the rights stated and to avoid any action that could harm them, reserving in any case the company the exercise of any means or legal actions that correspond in defense of their legitimate intellectual property rights and industrial.

5. OBLIGATIONS AND RESPONSIBILITIES OF THE USER OF THE WEBSITE
The User undertakes to:

1. To make adequate and lawful use of the Web Site as well as of the contents and services, in accordance with: (i) the legislation applicable at all times; (ii) the General Conditions of Use of the Web Site; (iii) morality and generally accepted good customs and (iv) public order.
2. To be provided with all the means and technical requirements that are necessary to access the Web Space.
3. To provide truthful information by filling in the forms contained in the Web Site with their personal data and to keep them updated at all times so that they respond, at all times, to the real situation of the User. The User will be solely responsible for any false or inaccurate statements made and the damages caused to the company or third parties by the information provided.

Notwithstanding the provisions of the preceding paragraph, the User must also abstain from:

1. Make unauthorized or fraudulent use of the Web Site and / or content for illegal purposes or effects, prohibited in these Terms of Use, harmful to the rights and interests of others, or in any way can damage, disable, overburden, impair or impede the normal use of services or documents, files and all kinds of content stored on any computer.
2. Access or attempt to access resources or restricted areas of the Web Site, without complying with the conditions required for such access.
3. Cause damage to the physical or logical systems of the Web Site, its suppliers or third parties.
4. Introduce or spread on the network computer viruses or any other physical or logical systems that are likely to cause damage to the physical or logical systems of the company, suppliers or third parties.
5. Attempt to access, use and/or manipulate the data of the company, third party suppliers and other Users.
6. Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless the authorisation of the holder of the corresponding rights has been obtained or this is legally permitted.
7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of the company or third parties incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be inserted into the contents.
8. Obtain and attempt to obtain the contents using means or procedures other than those which, as the case may be, have been made available for this purpose or have been expressly indicated on the web pages where the contents are found or, in general, those which are habitually used on the Internet because they do not entail a risk of damage or disablement of the Web Space and/or the contents.
9. In particular, and for merely indicative and not exhaustive purposes, the User undertakes not to transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that: In any case, it is contrary to, disparages or attempts against the fundamental rights and public liberties recognized constitutionally, in the International Treaties and in the rest of the legislation in force.
   Induce, incite or promote criminal, denigratory, defamatory, violent or, in general, contrary to the law, morality, generally accepted good customs or public order.
   Induces, incites or promotes discriminatory actions, attitudes or thoughts on the grounds of sex, race, religion, beliefs, age or condition.
   Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, morality and generally accepted good customs or public order. Induces or may induce an unacceptable state of anxiety or fear.
   Induce or incite to get involved in dangerous, risky or harmful practices for the health and the psychic balance.
   It is protected by legislation on intellectual or industrial protection belonging to the company or to third parties without the use intended has been authorized.
   It is contrary to honour, to personal and family privacy or to the very image of people.
   Constitute any type of advertising.
   It includes any type of virus or program that impedes the normal operation of the Web Space.

If, in order to access any of the services and/or contents of the Web Space, you are provided with a password, you are obliged to use it diligently, keeping it secret at all times. Consequently, it will be responsible for its proper custody and confidentiality, agreeing not to cede it to third parties, temporarily or permanently, or allow access to the aforementioned services and / or content by outsiders. Likewise, the company is obliged to notify the company of any event that may involve an improper use of its password, such as, but not limited to, its theft, loss or unauthorised access, in order to proceed to its immediate cancellation. Consequently, as long as the above notification is not made, the company will be exempted from any responsibility that could derive from the improper use of its password, being of its responsibility any illicit use of the contents and/or services of the Web Space by any illegitimate third party. If, in a negligent or fraudulent manner, it fails to comply with any of the obligations established in these General Conditions of Use, it shall be liable for all the damages that may arise for the company as a result of such failure.

6. BURDENS

No guarantee is given for continuous access, nor for correct viewing, downloading or use of the elements and information contained in the website which may be impeded, hindered or interrupted by factors or circumstances beyond its control. It is not responsible for any decisions that may be taken as a consequence of access to the contents or information offered.

The service may be interrupted, or the relationship with the User resolved immediately, if it is detected that a use of its Web Space, or of any of the services offered in the same, is contrary to these General Conditions of Use. We are not responsible for damages, losses, claims or expenses arising from the use of the Web Site.

It will only be responsible for eliminating, as soon as possible, the contents that may generate such damages, provided that it is so notified. In particular, we shall not be liable for any damages that may arise, among others, from:

1. interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or by any other cause beyond the control of the company.
2. illegitimate interference through the use of malicious programs of any kind and through any means of communication, such as computer viruses or any other.
3. undue or inappropriate abuse of the Web Space.
4. security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions of it. The administrators of the company reserve the right to withdraw, totally or partially, any content or information present in the Web Space.

The company excludes any responsibility for damages of any nature that could be due to the misuse of the services of free disposal and use by the Users of the Web Space. It is also exonerated of any responsibility for the content and information that may be received as a result of the data collection forms, being the same only for the provision of consultation services and doubts. On the other hand, in case of causing damages for an illicit or incorrect use of these services, the User may be claimed for the damages caused.

You will hold the company harmless against any damages arising from claims, actions or demands of third parties as a result of your access or use of the Web Site. You also agree to indemnify against any damages arising from your use of “robots”, “spiders”, “crawlers” or similar tools used to collect or extract data or any other action by you that imposes an unreasonable burden on the operation of the Web Site.

7. HYPERLINKS

The User undertakes not to reproduce in any way, even by means of a hyperlink or hyperlink, the Web Site, as well as any of its contents, unless expressly authorised in writing by the person responsible for the file.

The Web Site may include links to other web sites, managed by third parties, in order to facilitate the User’s access to the information of collaborating and/or sponsoring companies. Accordingly, the company is not responsible for the content of these Web Spaces, nor is placed in a position of guarantor or / or provider of services and / or information that may be offered to third parties through third party links.

The User is granted a limited, revocable and non-exclusive right to create links to the home page of the Website exclusively for private and non-commercial use. The Web Spaces that include a link to our Web Space (i) may not falsify their relationship or affirm that such a link has been authorized, nor include brands, names, commercial names, logos or other distinctive signs of our society; (ii) may not include contents that may be considered in bad taste, obscene, offensive, controversial, inciting violence or discrimination based on sex, race or religion, contrary to public order or illicit; (iii) may not link to any page of the Web Site other than the home page; (iv) must link to the address of the Web Site itself, without allowing the Linking Web Site to reproduce the Web Site as part of its Web Site or within one of its frames or create a browser on any of the pages of the Web Site. The company may request, at any time, to remove any link to the Web Site, after which it must immediately proceed to remove it.

The company cannot control the information, contents, products or services provided by other web spaces that have established links to the Web Space.

8. DATA PROTECTION

In order to use some of the Services, the User must first provide certain personal data. The company will automatically process these data and apply the corresponding security measures, all in compliance with the RGPD. The User can access the policy followed in the treatment of personal data as well as the establishment of the purposes previously established, the provisions of the conditions defined in the Privacy Policy.

9. COOKIES

The company reserves the right to use “cookie” technology on the Web Site, in order to recognize you as a frequent User and personalize your use of the Web Site by pre-selecting your language, or more desired or specific content.

Cookies collect the user’s IP address and Google is responsible for processing this information.

Cookies are files sent to a browser, by means of a Web server, to record the User’s browsing in the Web Space, when the User allows its reception. If you wish you can configure your browser to be warned on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please consult your browser’s instructions and manuals for more information.

Thanks to cookies, it is possible to recognize the browser of the computer used by the user in order to facilitate content and offer the preferences of navigation or advertising that the user, to the demographic profiles of users as well as to measure visits and traffic parameters, monitor progress and number of entries.

10. REPRESENTATIONS AND WARRANTIES

In general, the contents and services offered in the Web Site are merely informative. Consequently, by offering them, no guarantee or declaration is given in relation to the contents and services offered on the Web Site, including, but not limited to, guarantees of legality, reliability, usefulness, veracity, accuracy or marketability, except to the extent that such declarations and guarantees cannot be excluded by law.

11. FORCE MAJEURE

The company will not be liable in all cases of inability to provide service, if it is due to prolonged interruptions of electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government, and in general all cases of force majeure or fortuitous event.

12. DISPUTE RESOLUTION. APPLICABLE LAW AND JURISDICTION

The present General Conditions of Use, as well as the use of the Web Space, will be governed by Spanish legislation. For the resolution of any dispute the parties shall submit to the Courts and Tribunals of the registered office of the Responsible for the website.

In the event that any provision of these Terms of Use is unenforceable or invalid under applicable law or as a result of a judicial or administrative ruling, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. In such cases, the company will proceed to modify or replace the said stipulation with another that is valid and enforceable and that, as far as possible, achieves the objective and claim reflected in the original stipulation.